Md. Afzal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75043 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- BISFI District- Madhubani ====================================================== Md. Afzal Son of Md. Wajid Resident of Village- usauthudih, P.S. Bisfi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bisfi P.S. Case No. 215 of 2018 registered for the offence punishable under Sections 379,34 of the Indian Penal Code. Informant has alleged in his written complaint that on 13.08.2018 he parked his Bolero Vehicle at his Dalan. About 4:00 AM when he woke up for urine, he found that his vehicle was missing. After much search he could not found vehicle, in the meantime wife of the informant had gone for a morning walk, she saw the petitioner and others were going on the said vehicle towards Dudhail village.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.75043 of 2018(2) dt.14-12-2018 2/2 previous enmity between the parties. Petitioner is in custody since 30.09.2018.

Considering the aforesaid facts 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 A.C.J.M., Benipatti, Madhubani, in connection with Bisfi P.S. Case No. 215 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T