Md. Quiyum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37108 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Md. Quiyum, aged about 32 years, Gender-Male, Son of Late Md. Bashir, Resident of Village-Mohalla- Badi Bazar (Ward No. 12), P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Irshad Ahmad Khan, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 504, 427, 379, 341, 323, 353 and 506/34 of the Indian Penal Code registered in connection with Gopalganj P.S. Case No. 142 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the present FIR has been instituted in retaliation to the petitioner's Complaint Case No. 545 of 2019 filed just the prior day, alleging demand of illegal gratification by the informant. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's 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, Gopalganj in connection with Gopalganj P.S. Case No. 142 of 2019, subject to the conditions as laid down

Patna High Court CR. MISC. No.37108 of 2019(2) dt.18-06-2019 2/2 under Section 438 (2) of the Cr.P.C. and with 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 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. (iv) 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.

(Vikash Jain, J) BT/- U T