Masoom Raza @ Masoom Reza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 549 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -JOKIHAT District- ARRARIA ====================================================== MASOOM RAZA @ MASOOM REZA S/o Md Jabbar, R/o VillageMirzabhag, P.S.- Araria, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Md Naushad Uzzoha, Advocate For the S t a t e : Dr Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 461, 379/34 of Indian Penal Code.

In the first information report, it is alleged that some unknown accused persons have indulged in theft of Dynamo etc. Counsel for the petitioner submits that the first information report has been lodged merely on suspicion and that no recovery of any incriminating article has been made from the possession of the petitioner. Prior to the instant case, there is one case pending against the petitioner which he has disclosed in paragraph 3 of his application and in which he is on bail. He is in custody in this case since 29.08.2017. He also submits that other co-accused Ajhar has been granted bail vide order dated 20.07.2017 passed in

Patna High Court Cr.Misc. No.549 of 2018 (2) dt.10-01-2018 2/2 Cr Misc No 33684 of 2017.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named 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 Chief Judicial Magistrate, Araria in Jokihat Police Station Case No 133 of 2017 subject to the following conditions: (i) That 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 the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That 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) M.E.H./- U