Sahbaz Alam v. The State Of Bihar
Patna High Court Cr.Misc. No.31185 of 2016 (3) dt.08-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31185 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================
1. Sahbaz Alam Son of Late Mohiuddin Resident of Village- Rampur Ward no. 6, Police Station- Gogri, District- Khagaria..... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Gogri P.S. Case No. 51 of 2016 registered for the offences punishable under Sections 420, 406, 467, 468 and 504 of the Indian Penal Code. Allegedly, the petitioner and other co-accused came at the door of the informant for opening life insurance policy and on that pretext received Rs. 77,000/- and misappropriated the same. Submission is of false implication and that the petitioner has no concern with Bajaj Allianz Company Ltd., he runs a medical shop to earn livelihood, the FIR has been lodged after much delay, the petitioner has lodged Gogri P.S. Case No. 170 of 2015 against the informant of this case and to counter the same the present case has been lodged. The petitioner is suffering in custody since 11.06.2016. During investigation independent witnesses Faiyaz Alam, Sarfraj Alam and Sanjay Kumar vide paragraphs 39, 40 and 41 of the case diary have
Patna High Court Cr.Misc. No.31185 of 2016 (3) dt.08-09-2016 stated regarding innocence of the petitioner and false implication, there is no chance of tampering with prosecution evidence and, as such, the petitioner deserves sympathetic consideration to which the learned APP opposes by submitting that other witnesses have supported the prosecution version.
In the facts and circumstances stated above, considering the period of detention and further considering that there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Barjesh Kumar, J. M. Ist Class, Gogri, Khagaria in connection with Gogri P.S. Case No. 51 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T