Imtiaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27414 of 2023 Arising Out of PS. Case No.-113 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Imtiaz Alam son of Late Salim Mian Village- Mahnakuli Ps- Chanpatia DistW. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Chanpatiya (Kumarbagh O.P.) P.S. Case No. 113 of 2021 dated 18.02.2021, lodged under Section 394 of the I.P.C.

4. Learned counsel for the petitioner submits that vide order dated 17.10.2022 passed in Cr. Misc. No. 37634 of 2022, the bail application of the petitioner was rejected with liberty that he may renew his prayer for bail after framing of charge.

5. Learned counsel for the petitioner further submits that he has annexed the charge framing document (Annexure-3) by which it becomes crystal clear that charge has been framed in

Patna High Court CR. MISC. No.27414 of 2023(3) dt.21-06-2023 2/3 this case on 16.02.2023.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge- VIIIth, West Champaran at Bettiah in connection with Chanpatiya (Kumarbagh O.P.) P.S. Case No. 113 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.27414 of 2023(3) dt.21-06-2023 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T