Ijhar Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4012 of 2020 Arising Out of PS. Case No.-111 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Ijhar Ahmed aged about 35 years, Male, Son of S.K. Hakdar Resident of Village- Chand Barwa, P.S.- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Bettiah Muffasil (Manuapool) P.S. Case No. 111 of 2019 registered for the offence under Section 392 of the Indian Penal Code. It was submitted on behalf of petitioner that petitioner's name has come in the confession of co-accused Nanhe and except the confessional statement, no incriminating article has been recovered from the petitioner. It was further submitted that till date, petitioner has not been put on T.I. Parade. Two other similarly situated accused persons have already been granted bail by this Court, vide order dated 18-10-2019 passed in Cr.Misc. No. 62746 of 2019 and order dated 25-10-2019 passed in Cr.Misc. No. 66489 of 2019. It was also submitted that in this case, chargesheet has already been

Patna High Court CR. MISC. No.4012 of 2020(2) dt.22-01-2020 2/2 submitted and as such, there is no chance of tampering with the evidence. Petitioner is in custody since 16-06-2019. Considering the aforesaid facts and circumstances as well as the fact that other two similarly situated persons have already been granted bail, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bettiah, West Champaran in connection with Bettiah Muffasil (Manuapool) P.S. Case No. 111 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T