Abu Sufyan @ Laloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46427 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- TARABARI District- Araria ====================================================== Abu Sufyan @ Laloo Son Of Late Md. Hasim, R/O Village- Sajheli, P.S.- Araria (r.s.), Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Tarabari P.S. Case No. 84 of 2021 lodged under Sections 363, 366(a), 341, 323, 307 and 120(B) of the I.P.C. As per prosecution, F.I.R. has been filed against four named accused persons alleging therein that kidnapping of informant's daughter took place one year back and presently the accused persons are planning to kill him and they have given supari to the accused persons, with this allegation the case has been lodged.

Learned counsel for the petitioner submits that as per

Patna High Court CR. MISC. No.46427 of 2022(2) dt.24-12-2022 2/3 allegation kidnapping has taken place one year back but no case was filed. Similarly none of the ingredient are attracted in the present case. Counsel further submits that there are five criminal cases pending against the petitioner and he is on bail in all cases. He further submits that petitioner is in custody since 08.06.2022 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.Ist Class, Araria in connection with Tarabari P.S. Case No. 84 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.46427 of 2022(2) dt.24-12-2022 3/3 file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T