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Patna High CourtCR. MISC./6571/2019bail granted

Md. Tanwir Alam @ Tanwir v. The State Of Bihar

2019-02-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6571 of 2019 Arising Out of PS. Case No.-632 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Md. Tanwir Alam @ Tanwir, Male aged about 32 years S/o Md. Hashim resident of village - Purwari Jhirwa, P.S. Forbesganj (Simraha), District, Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Forbesganj (Simraha)P.S. Case No. 632/18 registered for the offence punishable under Sections 341, 323, 324, 302, 504/34 of the Indian Penal Code. Allegation against the petitioner and other co-accused persons is to have assaulted the brother of the informant as a result of which he succumbed to injury.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of his self-confessional statement. Petitioner is in custody since 29.09.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.6571 of 2019(2) dt.13-02-2019 2/2 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 C.J.M., Araria in connection with Forbesganj (Simraha) P.S. Case No. 632/18, 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.

(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