Zafar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8949 of 2019 Arising Out of PS. Case No.-628 Year-2018 Thana- MOHANIYA District- Kaimur (Bhabua) * ====================================================== ZAFAR ALI Raees Ajam Resident of Village - Sayyed Raja, PS- Sayyed Raja ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Fahad Khurshid For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard the parties.

The petitioner seeks bail in Mohania P.S.Case No.628/18 registered under Sections 356, 379, 395, 412 and 414 of the I.P.C.

The informant in his written complaint has alleged that after he had collected a sum of Rs.86,800/- he was returning when two miscreants on one motor cycle snatched away his bag and fled away.

It has been submitted on behalf of learned counsel for the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case only on the basis of confessional statement made by one Shamshad Ali and except confessional statement there is no any incriminating material against the petitioner. Nothing has been recovered from the

Patna High Court CR. MISC. No.8949 of 2019(2) dt.12-03-2019 2/2 possession of the petitioner. He has not been put on test identification parade. He having no criminal antecedent is in custody since 05.12.2018.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M.,Kaimur at Bhabua, in Mohania P.S.Case No.628 of 2018 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) if the petitioners 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. (iv) if the petitioners/s is found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) aks/- U