Md. Imtiyaj Ahmad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.2578 of 2017 (2) dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2578 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Md. Imtiyaj Ahmad Son of late Anjar Ahmad Resident of Village- Bibiganj, Lalganj, P.S.- Choti Kalyani, P.S. Town, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Mukesh Sahni Son of Mithlesh Sahani Resident of village- Susta, P.S. Gaighat(Benibad O.P), District- Muzaffarpur.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Matloob Rab, APP-34 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Gaighat P.S. Case No. 188 of 2016 registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code. Allegedly, the petitioner cheated the informant's amount of Rs. 1,66,000/- for preparing Passport and Visa and sent him to Cambodia but from there he was returned as the Visa was prepared Tourist Visa not worker Visa.

Submission is of false implication and that the petitioner has been made victim of circumstances, he has not taken any amount, without any fault the petitioner is suffering in custody since 08.10.2016, chargesheet has already been submitted and

Patna High Court Cr.Misc. No.2578 of 2017 (2) dt.04-02-2017 there is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat (Benibad) P.S. Case No. 188 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) avin/- U T