Azadi Mian @ Mustafa Azadi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19787 of 2019 Arising Out of PS. Case No.-3 Year-2000 Thana- DIGHA District- Patna ====================================================== AZADI MIAN @ MUSTAFA AZADI, Male, aged about 40 years, Son of Taslim Miyan, Resident of Banskothi, Behind I.T.I. Hostel, P.S.- Digha, P.O.- Dighaghat, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyabir Bharti For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code. F.I.R. was lodged by the informant in the year 2000 against a robbery committed by unidentified persons in his house. One co-accused, Jitendra Pawan was apprehended and in his confessional statement, he has named four accused but not disclosed the name of the petitioner in his confession. Name of the petitioner has transpired in this case on the basis of information given by spy. Petitioner had no criminal antecedent but subsequently he has been made accused in one more case. Petitioner is in custody since 09.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.19787 of 2019(2) dt.02-04-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial Case No.800 of 2018 arising out of Digha P.S. Case No. 03 of 2000 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T