Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36269 of 2022 Arising Out of PS. Case No.-189 Year-2021 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Md. Danish Son of Md. Ekbal Ansari, Resident of Muhalla - Panchayti Akada Near Police Adda, P.S.- Kotwali, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gaya Rail P.S. Case No. 189 of 2021 (G.R. No. 145 of 2021), lodged under Sections 392 & 411 of the Indian Penal Code. As per the prosecution case, the allegation of robbery is there against the unknown persons in the F.I.R. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the possession of petitioner, nor he was put on TIP. He further submits that petitioner is in custody since 29.03.2022, having clean antecedent and charge sheet has already been filed in this case.

Patna High Court CR. MISC. No.36269 of 2022(2) dt.20-09-2022 2/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 189 of 2021 (G.R. No. 145 of 2021), subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.36269 of 2022(2) dt.20-09-2022 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T