Patna High CourtCR. MISC./45277/2017bail granted

Md. Makbul v. The State Of Bihar

2017-09-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45277 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -GADHPURA District- BEGUSARAI ====================================================== Md. Makbul Son of Md. Moti Resident of Village - Korai, P.S. - Garhpura, District - Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Naresh Singh, Advocate For the Opposite Party : Mrs. Pushpa Sinha 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence under sections 395, 397 and 398 of the IPC. Counsel for the petitioner submits that the petitioner has falsely been made accused in this case on the confession of co-accused Dabloo Singh @ Hichna. He surrendered in this case on 29.6.2017 and except the instant case, he is also an accused in Garhpura Police Station Case No. 63 of 2016 in which he has been granted anticipatory bail by this Court, as detailed in paragraph 12 of the petition.

In view of the aforesaid submissions, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Begusarai in Garhpura Police Station Case No. 75 of 2016, on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.45277 of 2017 (2) dt.19-09-2017 he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(e) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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