Md. Asgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52206 of 2015 Arising Out of PS.Case No. -352 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Asgar, Son of Late Mojibur Rahman, resident of village- Tapu Tolla Belwa, P.S. Araria, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2015 Heard both sides.

The petitioner seeks bail in Araria P.S. case no. 352 of 2015, registered under Sections 420,467,468,471 and 414 of the Indian Penal Code.

The S.H.O. of the concerned police station lodged the case alleging that he caught the petitioner while moving on road and two mobiles were recovered. In one of the mobiles, the sim was found issued in the name of one Siddique. On interrogation, Siddique refused of having any sim of this number. On these allegations, he was taken into the jail custody on the date of lodging of the case on 18.7.2015. It is submitted that allegations are concocted and do not make out a case.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.52206 of 2015 (2) dt.16-12-2015 2/2 this Court is inclined to extend the privilege of bail. Let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. case no. 352 of 2015 subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T