Md. Afaque Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22551 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Md. Afaque Alam S/o - Late Md. Salim Resident of Village - Punas, PO - Sontha, P.S. - Kochadhaman, District - Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha Mr. Diwakar Sinha For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kishanganj P.S.Case No.34 of 2016 registered for offences punishable under Sections 409, 420 & 120 (B) of the Indian Penal Code.

Allegation against the petitioner is that on the basis of forged certificate, he got job as Physical Instructor. It is submitted on behalf of the petitioner that the name of the petitioner is Md. Afaque Alam whereas in the certificate, his name appears to be Md. Alam Afaque. Furthermore, now the petitioner has been terminated from the service and he is in custody for about three months. The charge-sheet has already been submitted in this case.

Patna High Court Cr.Misc. No.22551 of 2017 (2) dt.12-05-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner has lost his job and now the charge-sheet has been submitted in this case as well as there is no chance of tempering with the evidence, hence, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Kishanganj in connection with Kishanganj P.S.Case No.34 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U