Gajni @ Mustajir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24954 of 2020 Arising Out of PS. Case No.-330 Year-2018 Thana- JOKIHAT District- Araria ====================================================== GAJNI @ MUSTAJIR Son of Wajbul Resident of Village - Laliya, P.S.- Jokihat, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Jokihat P.S. Case No. 330 of 2018 for the offence under Sections 399, 402 and 414 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the co-accused having more or less similar allegation has already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 19773 of 2019 which evident from the Annexure- 2 annexed to the supplement affidavit and the case of this petitioner stands on similar footing. The petitioner is rotting in judicial custody since 20.01.2020. Hence, the petitioner may be enlarged on regular bail.

Patna High Court CR. MISC. No.24954 of 2020(4) dt.07-12-2020 2/2 Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned C.J.M., Araria, in connection with Jokihat P.S. Case No. 330 of 2018 subject to the conditions;

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Arvind Srivastava, J) brajesh/- U T