Md. Sarfaraj @ Sarfraz Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14513 of 2017 Arising Out of PS.Case No. -110 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Sarfaraj @ Sarfraz Mian S/o Hafiz Master, resident of MuhallKhodanagar, P.s.-Chhatauni Dist.-East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Chhatauni P.S. Case No. 110 of 2015 registered for the offence punishable under section 392 of the Indian Penal Code.
The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 39257 of 2016, which was rejected, vide order dated 17.09.2016.
The counsel for the petitioner submits that the petitioner is in custody since 20.06.2015, which has been mentioned in paragraph 4 of this application. Considering the period of custody, let the petitioner,
Patna High Court Cr.Misc. No.14513 of 2017 (2) dt.26-04-2017 2/2 above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 110 of 2015, subject to the following conditions:- (i) One of the bailors shall be father/mother/wife/son 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, (iii) The petitioner would cooperate in 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 of the petitioner and (iv) The petitioner will report to Chhatauni Police Station by 7th of every months, at least, for six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.
(Shivaji Pandey, J) Mahesh/- U T