Md. Sheru @ Umar Faruque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49820 of 2015 Arising Out of PS.Case No. -258 Year- 2013 Thana -KORHA District- KATIHAR ======================================================

1. Md. Sheru @ Umar Faruque SOn of Md. Emam, resident of VillageNarayanpur, P.S.- Manjhari, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Korha P.S.Case No. 258 of 2013 registered u/s 392 IPC. Allegation has been made that the Police has wrongly implicated the petitioner in this case, no TI Parade has been conducted by the I.O., no incriminating material has been recovered from him, save and except through confessional statement of co-accused Md. Murad who has been granted bail by this Court vide Cr.Misc.No. 32041 of 2015.

Looking to the facts and circumstances of the case, petitioner Md. Sheru @ Umar Faruque is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S.Case No. 258 of 2013, subject to the conditions

Patna High Court Cr.Misc. No.49820 of 2015 (2) dt.09-11-2015 2/2 that:

(i) one of the bailors will father, mot her or wife of the petitioner, (ii) if the petitioner would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary order, including cancellation of bail bonds, (iii) the petitioner would co-operate and if the petitioner will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds, and iv) Petitioner will report to Officer In-charge of the concerned Police Station by 7th day of each calendar month upto one year, failing which the bail granted to the petitioner will be deemed to have been cancelled.

Jay/- (Shivaji Pandey, J) U