Md. Irfan @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20499 of 2015 Arising Out of PS.Case No. -249 Year- 2013 Thana -GHOSI District- JEHANABAD ====================================================== Md. Irfan @ Guddu son of Wahid Ali, resident of village- Sarif Colony, P.S. Nawada, District Nawada.

.... . .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Uma Nath Mishra (App) CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Ghoshi P.S. Case No. 249 of 2013 registered for offence under section 379 of the Indian Penal Code. A Pick up van was stolen away and later on, Police recovered the same from the possession of 10 persons in Lakhisarai, for that, a separate case was lodged as Lakhisarai P.S. Case No. 409 of 2013 for offences under sections 499, 402 and 411 of the Indian Penal Code.

The counsel for the petitioner submits that other similarly situated persons, namely Mustak Khan, Munchun Singh and Tripurari Kumar have already been granted bail by this Court in Cr. Misc. Nos. 12425 and 3427 of 2015 respectively.

Patna High Court Cr.Misc. No.20499 of 2015 (2) dt.17-06-2015 2/2 Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 249 of 2013, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T