Patna High CourtCR. MISC./52542/2016bail granted

Md. Jawaid @ Babu Dhobi v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52542 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -GAYA KOTWALI District- GAYA ====================================================== Md. Jawaid @ Babu Dhobi, son of late Md. Isha, resident of village - Kathorar Talab, P.S. Civil Line, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate. For the State : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 9.9.2016 in connection with Kotwali P.S. Case No. 109 of 2016 for the alleged offences under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of the co-accused Sonu Sakra who has been granted bail by the learned court below. No recovery of any incriminating article has been made from the possession of the petitioner who is not named in the First Information Report nor has any Test Identification Parade been conducted for identification.

4. Having regard to the entirety of the facts and circumstances of the case and 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 Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 109 of 2016 on the

Patna High Court Cr.Misc. No.52542 of 2016 (2) dt.13-12-2016 2/2 following conditions:

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

(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) S.Ali/B.T.

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