Afroj Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8596 of 2023 Arising Out of PS. Case No.-542 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Afroj Ali, Son of Abdullah Resident of Village - Jodhauli, Bathana, P.S.- Marhaura, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Chandram For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-04-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Marhowrah P. S. Case No. 542 of 2022, registered for the offences punishable under Section 395 of the Indian Penal Code.
The prosecution case as emerges from the FIR is that when the informant was sleeping on his tractor, loaded with sand, near Aamnour bridge, the petitioner along with his associates came there and looted his tractor, mobile, locket of Lord Hanuman and Rs. 1900/- in cash. Ld. counsel for the petitioner submits that the
2/4 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the F.I.R. He also submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that no Test Identification Parade has been conducted as yet. He also submits that investigation in this case is complete and charge-sheet has already been submitted.
He further submits that the petitioner has been languishing in jail since 06.09.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one more case, bearing Garkha P. S. Case No. 545 of 2022.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances,
3/4 this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Saran at Chapra, in connection with Marhowrah P. S. Case No. 542 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than
4/4 the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) skm/- U T