Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6124 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- SIMRA District- West Champaran ====================================================== KHURSHID ALAM, age about 29 years (Male), son of Jalil Miya, Resident of Village - Chiutaha, Ward No.13, P.S.- Semra (Chiutaha O.P.), District, West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Semra P.S. Case No. 80/2018 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant has alleged that on 06.06.2018, while he along with his friends were returning after making collection of Rs.1,42,290/-, four unknown miscreants on the strength of arms snatched the amount and mobile.

It has been submitted on behalf of the petitioner that he is innocent and has not committed any offence. The name of the petitioner has surfaced in this case on the basis of confessional statement made by one co-accused, Chandan Kumar and except said confessional statement, there is no any other

Patna High Court CR. MISC. No.6124 of 2019(3) dt.01-03-2019 2/3 incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner and it has been submitted that similarly placed co-accused Dilip Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 15.02.2019 passed in Cr. Misc. No.8278 of 2019. Petitioner is in custody since 19.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha, District, West Champaran in connection with Semra P.S. Case No. 80/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.6124 of 2019(3) dt.01-03-2019 3/3

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

(S. Kumar, J) Sanjay/- U T