Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 18217 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- JAMUI District- Jamui ====================================================== MD IRFAN S/o Late Md. Shubhan Resident of Village- Amin, P.S. and DisttJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Binay Kumar, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard Mr Binay Kumar, learned counsel for the petitioner as well as Ms Meena Singh, learned APP for the State. Petitioner seeks bail in Jamui Police Station (for brevity, PS) Case No 4 of 2020 instituted for the offence punishable under Sections 147, 341, 323, 427, 385, 307, 448, 504, 506 of Indian Penal Code.

Petitioner, along with four other co-accused persons,

Patna High Court CR. MISC. No.18217 of 2020(2) dt.05-06-2020 2/3 is alleged to have gone to the house of the informant and demanded ransom. With a view to coerce informant, it is alleged that all the accused persons have assaulted him. Petitioner's counsel submits that there is case and counter case. Co-accused Md Yusuf has lodged the counter case against the informant of the instant case. The petitioner has no criminal antecedent and the alleged assault by the petitioner on the chest is not corroborated by the injury report of the informant. Petitioner has no criminal antecedent and he is in custody since 25.01.2020.

The learned APP for the State opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Jamui PS Case No 4 of 2020 subject to the following conditions -

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will also

Patna High Court CR. MISC. No.18217 of 2020(2) dt.05-06-2020 3/3 undertake to inform the Court if there is any change in the address of the petitioner.

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

(Madhuresh Prasad, J) M.E.H./- U T