Md. Sabir @ Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31522 of 2017 Arising Out of PS.Case No. -300 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Sabir @ Sabir Son of late Abdul Latif Munshi @ late Abdul Latif Resident of Village- Rewahi , Ward no. 5, P.S. Narpatganj, Distt Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 This application is for grant of regular bail in connection with Forbesganj P.S. Case No. 300 of 2017 registered for the offence(s) under section(s) 379 of the Indian Penal Code. Allegation against the petitioner is that he has stolen money of the informant.

Submission of the learned counsel for the petitioner is that on perusal of the body of the FIR it will appear that earlier the case has been lodged against unknown and later on, the name of the petitioner has been inserted in the FIR, by making interpolation and further allegation is that Rs.750/- has been recovered from the possession of the petitioner, but aforesaid allegation is difficult to be believed and the petitioner has no criminal history, remained in custody for more than two months.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.31522 of 2017 (2) dt.13-07-2017 2/2 circumstances, as stated above, this application is allowed. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 300 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T