Patna High CourtCR. MISC./29157/2019bail granted

Md. Aarif @ Sitare @ Aarif v. The State Of Bihar

2019-07-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29157 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== MD. AARIF @ SITARE @ AARIF Son of Md Zubair (Grand Son of Md. Yusuf) Simari ward no 10 Simri, P.S. and Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149,341, 323, 324,307,332, 333, 353, 109, 114, 427, 435, 504, 506 and 511 IPC and Section 3 of the Prevention of Damage to the Public Properties Act registered in connection with Bisfi P.S. Case No. 129/2018, GR No. 443 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as 32 named and 100-150 unknown accused persons and no specific overt act has been attributed to the petitioners. Similarly situated co-accused Lal Babu @ Lal Babu Das @ Md. Lal Babu has been granted anticipatory bail by this Court in Cr.Misc. No. 13822 of 2019. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of 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 ACJM, Benipatti, in connection with Bisfi P.S. Case No. 129/2018, GR

Patna High Court CR. MISC. No.29157 of 2019(3) dt.23-07-2019 2/2 No. 443 of 2018, 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. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, 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.

iv. 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) Chandran/- U T