Md. Noman Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7666 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- ARARIA District- Araria ====================================================== Md. Noman Alam Son Of Md. Alam @ Alam, R/O Mohalla- Kharhiya Basti, Ward No. 11, P.S- Araria Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Araria P.S. Case No. 207 of 2022, S.T. No. 574/2022 lodged under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the bail application of the petitioner has been rejected vide order dated 05.12.2022 passed in Cr. Misc. No. 41743 of 2022. Counsel further submits that by the said order liberty has been granted to the petitioner that he may renew his prayer for bail after framing of charge. Counsel further submits that charge has been framed against the petitioner on 06.01.2023 and trial has

Patna High Court CR. MISC. No.7666 of 2023(2) dt.08-02-2023 2/3 been commenced, it transpires from Annexure-3 of the petition. Learned counsel for the State also submits that from Annexure-3, it transpires that charge has been framed in this case against the petitioner.

In this view of the matter, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Sessions Trial No. 574 of 2022 arising out of Araria P.S. Case No. 207 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.7666 of 2023(2) dt.08-02-2023 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U