Md. Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23538 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- PRANPUR District- Katihar ====================================================== MD. ZAFAR S/O Md. Usman R/O. Vill - Bouliya Gumti, Naryanpur, P.S. - Manihari, Distt. - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Pranpur P.S. Case no.

Patna High Court CR. MISC. No.23538 of 2020(3) dt.17-09-2020 2/3 175/2019 instituted for the offence under Section(s) 395 of the IPC.

The prosecution case is that on 23.08.2019 while the informant was sleeping in his house miscreants looted some articles. The petitioner's name has surfaced on statement of coaccused Sheikh. Mahir. There is nothing to connect the petitioner with the alleged occurrence. Till date he has not been put on T.I.P. There is no recovery of any incriminating material and Sheikh Mahir and other co-accused persons have been allowed bail in Cr. Misc. no. 78869 of 2019, 78785/2019 and 83671 of 2019 by orders dated 17.03.2020, 03.12.2019 and 05.06.2020 respectively.

The learned APP opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ-V, Katihar, in connection with Pranpur P.S. Case no. 175/2019 in Sessions Trial no. 93 of 2020. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.23538 of 2020(3) dt.17-09-2020 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U