Sarfaraj @ Chhotu @ Md. Sarfraj Faruki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56287 of 2021 Arising Out of PS. Case No.-475 Year-2021 Thana- SUPAUL District- Supaul ====================================================== SARFARAJ @ CHHOTU @ MD. SARFRAJ FARUKI, SON OF NAYEEM UDDIN, R/O - CHAKLA- NIRMALI, WARD NO.-26, P.S. AND DISTRICT- SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Goutam, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.

Allegation against FIR named accused including the petitioner is to have looted the car and mobile of the informant while he was going to Supaul from Delhi. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that there is no allegation of any overt act against the petitioner save and except that petitioner has taken the informant to the place as per instruction of co-accused namely, Suraj Kumar. It is further submitted that petitioner has

Patna High Court CR. MISC. No.56287 of 2021(2) dt.29-03-2022 2/2 no concern with the alleged occurrence and he has been made scapegoat of circumstances. Petitioner has no criminal antecedent and he is in custody since 09.07.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Supaul P.S. Case No. 475 of 2021 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T