Patna High CourtCR. MISC./41620/2016bail granted

Asagra Kasai @ Asgar Kasai @ Fakhruddin Quraishi v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41620 of 2016 Arising Out of PS.Case No. -239 Year- 2016 Thana -PIRO District- BHOJPUR ====================================================== Asagra Kasai @ Asgar Kasai @ Fakhruddin Quraishi, S/o Atullah @ Bittan Quraishi, R/o Bhagalpur - Piro, P.S. Piro, District - Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Md. Fahimuddin, Advocate For the Opposite Party : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.08.2016 in connection with Piro P.S. Case No. 239 of 2016 for the offences alleged under Sections 379/34 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion. The petitioner's case stands on a better footing than similarly situated co-accused Sunil Kasai @ Sunil Kureshi who has been granted anticipatory bail by this Court in Cr. Misc. No. 43512 of 2016. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody, let the petitioner above named 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 Additional Chief Judicial Magistrate, Bhojpur at Arrah in connection with Piro P.S. Case No. 239 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.41620 of 2016 (3) dt.16-12-2016 2/2 (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. (Vikash Jain, J) B.T/Chandran U T