Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3323 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Md. Aslam, son of late Abdul Wahab, resident of Village Chainpur Dhaka, P.S. Dhaka, District Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 392 and 411 of the Indian Penal Code.

Earlier this Court vide order dated 27.10.2016 passed in Cr. Misc. No. 43430 of 2016 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of nine months in jail custody.

The petitioner is in jail since 9.4.2016 and he has already completed nine months in jail custody. Looking to the period of custody, let petitioner, Md. Aslam, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.3323 of 2017 (3) dt.15-02-2017 amount each to the satisfaction of the S.D.J.M. (West), Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 108 of 2016 , subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother, son or wife (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (iv) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

Vinay/- (Shivaji Pandey, J) U T