Patna High CourtCR. MISC./37849/2014bail granted

Md. Jafar Ullah Fahmi And ANR v. The State Of Bihar

2015-04-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37849 of 2014 Arising Out of PS.Case No. -18 Year- 2013 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Md. Jafar Ullah Fahmi Son of Late Md. Yunus Ex-Panchayat Sewak, Singion Gram Panchayat, Singiyon, P.S. Murliganj, District Madhepura presently resided at Chand Mohan, P.S. Kundwa Chainpur, District - East Champaran.

2. Sanjay Ram Son of Sri Hari Ram Resident of Village - Dharhara, P.S. - Murliganj, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Prasad Verma,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 467, 468 and 471 IPC registered in connection with Murliganj P.S. Case No. 18 of 2013.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion having not named in the FIR. The petitioner No.1 being the ex-Panchayat Secretary had no role to play. The thrust of accusation is against one Rajiv Kumar Yadav and not against these petitioners.

Patna High Court Cr.Misc. No.37849 of 2014 (2) dt.03-04-2015

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 18 of 2013 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioners shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U