Mohammad Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76393 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Mohammad Azad, son of Md. Nasiruddin @ Mohammad Naziruddin, resident of Village + P.O.- Balha, P.S. + District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Nath Yadav, Advocate For the Opposite Party/s :

Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Shekhopur Sarai P.S. Case No. 74 of 2018 for the offence under Sections 406, 409, 420 and 384 of the Indian Penal Code. Learned counsel for the petitioner submits that has got no criminal antecedent. Referring to the allegation levelled in the instant case, learned counsel submits that on the basis of Audio clip showing demand of Rs. 2,50,000/- (Two lakh fifty thousand) for favour in the survey work, petitioner has been made accused in the instant case. He submits that the petitioner is working as Amin on Ad-hoc basis. He submits that the audio clip has no evidentiary value in the eye of law, particularly its authenticity has not been tested.

Patna High Court Cr.Misc. No.76393 of 2018(2) dt.21-12-2018 2/2 Considering the fact that the petitioner has got no criminal antecedent, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 74 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the bailors should the local people having sufficient landed property in the locality. (Anil Kumar Upadhyay, J) uday/- U T