Patna High CourtCR. MISC./60826/2018bail granted

Md. Baraktullah @ Samir @ Md. Marktullah v. The State Of Bihar

2018-10-11Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60826 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== MD. BARAKTULLAH @ SAMIR @ MD. MARKTULLAH, Son of Md. Mustafa, Resident of Village- Sirniyan, Ward No.13, Police Staton- Ashok Paper Mill, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Samastipur Rail P.S. Case No. 159 of 2018 registered for the offence punishable under Sections 401 and 414 of the Indian Penal Code. Allegation against the petitioner is of recovery of 7 Tablets of Ativan 2 mg and one mobile phone.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Petitioner has got no criminal antecedent and is in custody since 04.08.2018.

Considering the aforesaid facts and circumstances of 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

Patna High Court Cr.Misc. No.60826 of 2018(2) dt.11-10-2018 2/2 amount each to the satisfaction of learned District & Sessions Judge-Samastipur, in connection with Samastipur Rail P.S. Case No. 159 of 2018, 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) ranjan/- U