Md Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32090 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== MD SALAUDDIN Son of Safikur Rahman Resident of Village- Bardaha, Police Station- Bisfi, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma,Adv For the Opposite Party/s :

Mr.Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-10-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 205,468,471,120(B) of the Indian Penal Code.

Co-accused-Md. Mobarak @ Hafiz was allowed anticipatory bail in connection with the referred criminal case. On the date of furnishing bail bond, the petitioner appeared before the court impersonating himself as Md. Mobarak. Since the informant was present in court he identified and filed petition that in fact Md. Mobarak is not there and petitioner is not Md. Mobarak.

Submission is that a perusal of the allegation makes out a bailable offence. Petitioner is in custody since 16.12.2020.

Patna High Court CR. MISC. No.32090 of 2021(2) dt.29-10-2021 2/2 Petitioner has got no criminal antecedent.

Considering the nature of allegation and period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Benipatti P.S. Case No. 319 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T