Sanjur Alam @ Sanjur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41485 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- KURLIKOT District- Kishanganj ====================================================== SANJUR ALAM @ SANJUR S/O ISLAMUDDIN R/O Village- Jamuniguri, PS. Kurlikot Dist. Kishanganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard the parties.
The petitioner is in custody in connection with Kurlikot P.S. Case No. 95 of 2022 for the offence under Sections 461 and 379 of the Indian Penal Code lodged on 13.12.2022 by the informant, Md. Makbul Alam. As per the prosecution story, when the employee of the informant opened the showroom, the wall were found broken and there was theft of Rs. 2,50,000/- as also CCTV camera and other things. Accordingly, the F.I.R. Learned counsel for the petitioner submits that although he has been arrested, nothing has been recovered from his conscious possession and has remained in custody since 25.02.2023 (as stated in paragraph 12 of the petition). However, concedes that he has criminal antecedent.
Patna High Court CR. MISC. No.41485 of 2023(2) dt.21-07-2023 2/3 Learned APP opposes the prayer for bail.
Considering the aforesaid facts as also the period of custody i.e. 25.02.2023, this Court is inclined to extend him the privilege of bail with strict conditions.
Let the 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 Judicial Magistrate, 1st Class, Kishanganj, in connection with Kurlikot P.S. Case No. 95 of 2022 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.41485 of 2023(2) dt.21-07-2023 3/3 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) kiran/- U T