Farman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38076 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.

Farman Age-40 Years, Male, S/O- Late Makbul @ Late Maquebool 2.

Azhar Age -35 Years, Male, S/O- Kalu Both are resident of Village- Barighat, Ward No. 01, Paik Tola, P.S. Araria, District- Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Md. Naushad Uzzoha, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 379/34 of the Indian Penal Code registered in connection with Raniganj P.S. Case No. 83 of 2019.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion except which there is no objective material to connect them with the alleged occurrence. No recovery of of stolen buffalo has been made from the possession of the petitioners. There is no eye-witness to the occurrence. The petitioners are accused in one prior case instituted as far back as in 2014 in which they are on bail.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let them be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Araria in connection with Raniganj

Patna High Court CR. MISC. No.38076 of 2019(2) dt.25-06-2019 2/2 P.S. Case No. 83 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves 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