Md. Shahzad @ Sahjad Alam @ Shahzad Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22809 of 2022 Arising Out of PS. Case No.-53 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Md. Shahzad @ Sahjad Alam @ Shahzad Miyan S/o Ramtullah Miyan @ Rahmtullah Mian R/o village- Khamiya, P.S.- Inarwa, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S. Tr. No. 175A/2021 (arising out of Purushottampur P.S. Case No. 53 of 2019), lodged under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., his name has been figured in this case by virtue of confessional statement of co-accused. He further submits that though the petitioner has two criminal antecedent but in both the cases he is on bail. He further submits

Patna High Court CR. MISC. No.22809 of 2022(2) dt.27-07-2022 2/3 that he is in custody since 04.02.2022 and charge sheet has already been filed in this case. He also submits that the coaccused were granted bail by the Co-ordinate Bench of the Court (Annexure - 2 series).

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 9th, Bettiah West Champaran in connection with Purushottampur P.S. Case No. 53 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the

Patna High Court CR. MISC. No.22809 of 2022(2) dt.27-07-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) guddu/- U T