Md. Aftab @ Md. Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70458 of 2018 Arising Out of PS. Case No.-262 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Md. Aftab @ Md. Aftab Alam, son of Abbas Sheikh, Resident of VillagePurainiya, P.S. Mainatand, 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 Mukesh Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Shikarpur P.S. Case No. 262 of 2018 registered for the offences punishable under Sections 414, 420, 467, 468, 476, 120(B) of the Indian Penal Code.
Informant who is A.S.I of Police has alleged that on 12.07.2018 he received a secret information that miscreants are using stolen Bolero vehicles, on this information a raiding team proceeded there and caught the driver of Bolero vehicle. The apprehended persons disclosed their name as petitioner and Idrish Miyan. On demand, the apprehended persons neither produced any document nor they gave any satisfactory reply. It has been submitted that petitioner is innocent and
Patna High Court Cr.Misc. No.70458 of 2018(2) dt.07-12-2018 2/3 has been falsely implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he is bonafide purchaser of Bolero. Petitioner has no criminal antecedent and he is in custody since 13.07.2018. 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 262 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
Patna High Court Cr.Misc. No.70458 of 2018(2) dt.07-12-2018 3/3 at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/Manoj U T