Patna High CourtCR. MISC./50812/2018bail granted

Sheikh Etramul v. The State Of Bihar

2018-10-25Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50812 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== Sheikh Etramul S/o Sheikh Mojit, R/o Vill.- Chachol Wasilhat, P.S.- Chachol, District- Mlda (West Bengal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Mithanpura P.S. Case No. 49 of 2018 registered for the offence punishable under Sections 412, 414 and 120B of the Indian Penal Code.

Allegation against the petitioner is of planning to commit dacoity along with FIR named accused with arms. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 04.04.2018 in Criminal Miscellaneous No. 19436 of 2018. Petitioner is in custody since 17.04.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.50812 of 2018(3) dt.25-10-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate- East, Muzaffarpur in connection with Mithanpura P.S. Case No. 49 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U