Md. Shabaitullah @ Md. Sabetulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61991 of 2018 Arising Out of PS.Case No. -359 Year- 2018 Thana -ARARIA District- ARRARIA ====================================================== Md. Shabaitullah @ Md. Sabetulla son of Md. Murtaja, resident of VillageBochi, Police Station- Araria, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Araria (Bairgachhi) P.S. Case No. 359/2018, registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant alleged that his driver proceeded from Kishanganj by his tractor and trellar loaded with 150 bags of cement. In the way near Jokihat, some miscreants took away his tractor and they released the driver at Trisuliya Ghat, Basantpur near the house of one Dayanand.

It has been submitted that petitioner has falsely been implicated in this case by the police. His name has surfaced in this case on his confession.

Patna High Court Cr.Misc. No.61991 of 2018 (3) dt.02-11-2018 2/2 Petitioner has no criminal antecedent. He is in custody since 20.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria (Bairgachhi) in connection with Araria (Bairgachhi) P.S. Case No. 359/2018, subject to the 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 properly represented on each and every date fixed by the court.

(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) Vinita/- U T