Md. Sohrab @ Md. Shrab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21280 of 2017 Arising Out of PS.Case No. -454 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Sohrab @ Md. Shrab Son of Ehsan Ahmad @ Ahsan, Resident of Village- Amar Chhatauni, P.S.- Motihari Muffasil, District- Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul, Adv. For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP95 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Motihari Town P.S. Case No. 454 of 2016 registered for offences under section 386 of the Indian Penal Code. Earlier the petitioner had moved before this Court with a prayer for bail in Cr. Misc. No. 43216 of 2016 and this Court, vide order dated 30.11.2016, rejected the same with a liberty to renew his prayer for bail after completing nine months judicial custody. The petitioner is languishing in judicial custody since 6.8.2016.

Looking to the period of custody as also the entire facts and circumstances of the case, let the petitioner, namely, Md.

Patna High Court Cr.Misc. No.21280 of 2017 (3) dt.17-05-2017 Sohrab @ Md. Shrab, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 454 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (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 and (iii) the petitioner would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Motihari Town police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Rishi/- U T