Md. Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78146 of 2018 Arising Out of PS. Case No.-131 Year-2016 Thana- LAUKAHI District- Madhubani ====================================================== Md. Ismail S/o Late Suleman, R/o Vill.- Bela Sijar Moti, P.S.- Nirmali, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Laukahi P.S. Case No. 131/2016 registered for the offence punishable under Sections 396 of the Indian Penal Code.

Informant has alleged that 9-10 unknown miscreants committed dacoity in a running bus.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of suspicion. Similarly placed co-accused Devnandan Mukhiya and Birendra Sada have already been granted bail by this Court vide order dated 20.03.2018 passed in Cr. Misc. No.51442 of 2017 and order dated 06.11.2018 passed in Cr. Misc. No. 45028 of 2018 respectively. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.78146 of 2018(5) dt.07-03-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur in connection with Laukahi P.S. Case No. 131/2016, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T