Murad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33557 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Murad Son of Nurain Mian, Resident of Village- Bhojpurwa, Police Station- Manjhagarh, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghav Prasad, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act registered in connection with Manjagarh P.S. Case No. 19 of 2016.

3. It is submitted that the petitioner has been falsely implicated and he has not been arrested at the spot and his name has surfaced only on the confessional statement of co-accused Jawed Akhtar. No recovery has been made from the petitioner who claims clean antecedent.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.33557 of 2016 (2) dt.30-08-2016 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 19 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iii) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/Chandran U T