Md. Afroj v. The State Of Bihar

Patna High Court Cr.Misc. No.52952 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52952 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Md. Afroj s/o Md.Usman .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Rajeev, Advocate For the Opposite Party : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 379/34 of the IPC.

Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the confessional statement of co-accused Sohrab Alam and he is not concerned with the stolen vehicle which was not recovered from his possession. He was remanded in this case on 5.8.2017 and since then he is in custody. He submits that petitioner has been subsequently remanded in all the cases related to theft in the area, details of which he has given in paragraph 3 of the bail petition.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-judge I cum Additional Chief Judicial Magistrate, Patna in Jakkanpur Police Station Case No. 172 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.52952 of 2017 (2) dt.09-11-2017 (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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