Maulana Sarfaraz Alam Mozahari @ Maulana Sarfaraj Alam @ Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55696 of 2016 Arising Out of PS.Case No. -313 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Maulana Sarfaraz Alam Mozahari @ Maulana Sarfaraj Alam @ Sarfaraz, son of Md. Ismail, resident of village- Islamnagar Idgah Tola, Police Station- Araria, district- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amerendra Kumar, Advocate Mr. Mukesh Kumar Rana, Advocate For the Opposite Party : Mr. Sri Damodar Prasad Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Araria P.S Case No. 313 of 2016 (G.R. No. 1548 of 2016), registered for the offences punishable under Sections 406, 420, 323, 427, 506, 504, 120(B)/34 of the Indian Penal Code.

Allegedly, the informant gave Rs. Two lacs on different dates to the petitioner on the assurance that the petitioner will return the amount with interest at the rate of 10% but thereafter the petitioner did not return the amount as well as interest and in panchayat, the accused denied to return the money and assaulted the informant and damaged the motorcycle. Submission is of false implication and that the entire allegation is false and concocted, the petitioner has not received any amount from the informant. The paper has been prepared after

Patna High Court Cr.Misc. No.55696 of 2016 (3) dt.10-02-2017 2/2 forging the signature of the petitioner and, as such, the petitioner who is suffering in custody since 04.06.2016 deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri R. Narayan, learned Additional Chief Judicial Magistrate-III, Araria, in connection with Araria P.S. Case No. 313 of 2016 (G.R. No. 1548 of 2016), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T