Md. Miraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68758 of 2018 Arising Out of PS. Case No.-32 Year-2017 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Md. Miraj, S/o Md. Abdul, Resident of Village- Pokhra Mohalla, P.S.- Hajipur, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Petitioner is permitted to correct the father's name in cause title of the petition in course of the day. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Industrial Area P.S. Case No. 32 of 2017 registered for the offence punishable under Section 382 of the Indian Penal Code.

Petitioner is not named in the FIR. His name has surfaced on the basis of confessional statement of co-accused Bipin Kumar, except that confessional statement nothing incriminating material has been recovered from the petitioner. Similarly placed co-accused, namely, Dharmendra Kumar @

Patna High Court Cr.Misc. No.68758 of 2018(2) dt.27-11-2018 2/2 D.K. @ Dharmendra Kumar Das has been granted bail by this Hon'ble Court vide order dated 05.10.2018 passed in Cr. Misc. No. 61249 of 2018. Petitioner is in custody since 23.01.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Vaishali, in connection with Industrial Area P.S. Case No. 32 of 2017 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty 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) veena/- U T