Patna High CourtCR. MISC./55244/2018bail granted

Mintu @ Warif Ali v. The State Of Bihar

2018-10-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55244 of 2018 Arising Out of PS.Case No. -758 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Mintu @ Warif Ali S/o Mushtafa Ali @ Mustafa, R/o Vill.- Ward No. 14 Bhabua, P.S.- Bhabua, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha, Adv. For the Opposite Party/s : Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 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, 332, 186, 353, 505, 341, 151, 152, 295A and 153A of the Indian Penal Code registered in connection with Bhabua P.S. Case No. 758 of 2017.

3. Petitioner has been falsely implicated merely because he has been named as being part of the mob. Similarly situated co-accused persons have been granted anticipatory bail by this Court. Petitioner claims clean antecedent.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner 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

Patna High Court Cr.Misc. No.55244 of 2018 (2) dt.06-10-2018 2/2 of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 758 of 2017 subject to the conditions as laid down under Section 438(a) 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-operative 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) sushma/- U T