Patna High CourtCR. MISC./19532/2020allowed

Md. Shaiyare v. The State Of Bihar

2020-09-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19532 of 2020 Arising Out of PS. Case No.- 834 Year-2019 Thana-Sadar, District-Muzaffarpur ====================================================== Md. Shaiyare, aged about 28 years (Male), S/o Ashraf @ Md. Ashraf, resident of village & P.O. Sumera @ Sumera Bara @ Afzalpur, P.S. Kurhani, O.P. Turki, Dist. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-09-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Sadar P.S. Case No. 834 of 2019 registered for the offence under sections 395, 397, 427 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Only on the basis of confessional statement, petitioner has been made accused in the present case. Nothing has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 12.12.2019. Further submission is that similarly situated co-accused has already been allowed bail by a

Patna High Court CR. MISC. No.19532 of 2020(2) dt.01-09-2020 2/2 Co-ordinate bench of this Court vide Cr. Misc. No. 18212 of 2020 on 30.06.2020.

Having considered the above facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Muzaffarpur in connection with Sadar P.S. Case No. 834 of 2019 with following conditions:

1. That one of the bailors will be a closed relative of the petitioner who will give an affidavit giving genealogy as to how he is related to the petitioner. The bailor will also 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. (Arvind Srivastava, J) Shailendra/- U T Note: This is certified to be the true typed copy of the original order.