Meraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69901 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Meraj Alam, Son of Shah Alam, Resident of Village- Jaukatiya, Police Station- Majhauliya, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjay Kumar No.-7, Advocate For the Opposite Party/s :

Mr.Sri Brajendra Nath Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sugauli Rail P.S. Case No. 38 of 2018 registered for the offences punishable under Sections 386, 420, 323,34 of the Indian Penal Code.

Allegation against petitioner is of looting and assaulting the informant when he along with his friend went to Sugauli Railway Station.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing incriminating articles has been recovered from the conscious possession of the

Patna High Court Cr.Misc. No.69901 of 2018(3) dt.20-12-2018 2/2 petitioner. Petitioner has no criminal antecedent and is in custody since 01.08.2018.

Considering the aforesaid fact 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 Railway Magistrate, Bettiah, West Champaran, in connection with Sugauli Rail P.S. Case No. 38 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T