Sarique @ Sariqur Rehman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37196 of 2019 Arising Out of PS. Case No.-234 Year-2016 Thana- JOKIHAT DistrictAraria ====================================================== SARIQUE @ SARIQUR REHMAN, aged about 40 years, male, Son of Late Haseer Uddin Resident of Village-Thapkol Ward No.4, P.S.-Jokihat, District-Araria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Ziaul Quamar, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-06-2019 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, 341, 323, 326, 307, 353, 379, 427, 504 and 506 of the Indian Penal Code registered in connection with Jokihat P.S. Case No. 234 of 2016.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as 19 named and other unknown persons. The petitioner has not been named in the F.I.R. much less any overt act has been alleged against him. The petitioner's case stand on better footing than co-accused Badua @ Badrul @ Md. Badrul and Shams Rabbabni and Abu Saquib @ Juganu, who are named in the F.I.R. have been granted bail and anticipatory bail by this Court in Cr. Misc. No. 715 of 2017 and Cr. Misc. No. 42717 of 2016 respectively. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.37196 of 2019(2) dt.19-06-2019 2/2 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 of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 234 of 2016, subject to the conditions as laid down under Section 438 (2) 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 cooperate 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) That 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) Ibrar/BT U T