Patna High CourtCR. MISC./47245/2017bail granted

Md. Aftab Alam v. The State Of Bihar

2017-10-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47245 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Md. Aftab Alam Son of Late Aiyub Mian @ Md. Aiyub, resident of Village- Chhitahi Hanumannagar, P.S.- Bhaptiyahi, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.07.2017 in connection with Bhaptiahi P.S. Case No. 77 of 2017 for the offences alleged under Sections 363, 366A and 511/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as in fact no such offence, as alleged, was at all committed. It is further submitted that after completion of investigation, charge sheet has been filed only with respect to the offence under Section 354(d) of the Indian Penal Code and cognizance has also been taken under the said provision by learned Chief Judicial Magistrate, Supaul vide order dated 09.10.2017 which is bailable offence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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, Supaul in connection with Bhaptiahi P.S. Case No. 77 of 2017, on the

Patna High Court Cr.Misc. No.47245 of 2017 (2) dt.17-10-2017 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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself 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) B.T/Chandran U