Sk. Alauddin @ Allaudin And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1608 of 2019 Arising Out of PS. Case No.-1 Year-2014 Thana- KHAJANCHI HAT District- Purnia ======================================================
1. SK. ALAUDDIN @ ALLAUDIN Son of Late Kalimuddin,
2. Md. Shamim Son of Sk. Alauddin Both Resident of Village- Joka Jalmarai, P.S.-Sadar, District- Purnea. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Anand For the Opposite Party/s :
Mr.Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in K. Hat P.S. Case No. 01 of 2014 registered for the offence punishable under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code. It has been alleged that petitioners along with FIR named accused persons opened a forged company and after appointing the local agents got deposited about Rs. 17,00,000/- and thereafter closed the office and became traceless. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to dirty village politics. There is general and omnibus allegation against all the accused person. It has been further submitted that similarly placed co-accused persons have been granted bail by co-ordinate Benches of this Court vide order
Patna High Court Cr.Misc. No.1608 of 2019(3) dt.14-02-2019 2/3 dated 02.12.2014 passed in Cr. Misc. No. 25484 of 2014, vide order dated 01.12.2015 passed in Cr. Misc. No.35242 of 2015 and vide order dated 10.12.2015 passed in Cr. Misc. No.37479 of 2015. Petitioners have got no criminal antecedent and are in custody since 04.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat P.S. Case No. 01 of 2014 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.1608 of 2019(3) dt.14-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) ranjan/manojU