Md. Afsar @ Md. Apsar @ Afsar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78235 of 2018 Arising Out of PS. Case No.-144 Year-2009 Thana- JOKIHAT District- Araria ====================================================== Md. Afsar @ Md. Apsar @ Afsar, son of Taibul, @ Md. Taiyyab, resident of village Sisona (Rahi Tola) Police Station, Jokihat, District, Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Jokihat P.S. Case No. 144/2009 registered for the offence punishable under Sections 392 of the Indian Penal Code.
Informant has alleged that the petitioner at the strength of knife took away his mobile and cash of Rs.4,000/- from his pocket when he was returning to his house after seeing cinema. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has further been submitted that a compromise petition has been filed by the informant on 26.02.2010. Petitioner has no criminal antecedent and he is in custody since 27.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon
Patna High Court Cr.Misc. No.78235 of 2018(2) dt.16-01-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria in connection with Jokihat P.S. Case No. 144/2009, 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