Md. Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33259 of 2022 Arising Out of PS. Case No.-186 Year-2016 Thana- LAUKAHI District- Madhubani ====================================================== MD. ISMAIL S/o Late Suleman R/o village- Belas Nagar, P.S.- Nirmali, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-07-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Laukahi Police Station Case No. 186 of 2016, registered for the offences punishable under Section 392 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn, vide order, dated 11.01.2021, passed in Criminal Misc. No. 26521 of 2020, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order.

The prosecution case, as per the First Information Report, is that three unknown miscreants, riding on a

Patna High Court CR. MISC. No.33259 of 2022(2) dt.06-07-2022 2/3 motorcycle, accosted the informant and snatched away Rs. 28,000/- cash, one motorcycle, helmet, and one mobile phone from the informant.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 11.01.2021. He further submits that the petitioner is in custody since 27.06.2019 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

After having heard learned Counsel for the parties and taking into consideration the observation made by this Court, in the order, dated 11.01.2021 and the fact that the petitioner is in custody since 27.06.2019, charge sheet has already been submitted and this is second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jhanjharpur, in connection with Laukahi Police Station Case No. 186 of 2016.

Patna High Court CR. MISC. No.33259 of 2022(2) dt.06-07-2022 3/3 This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √