Md. Amjad Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57252 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== MD. AMJAD SAFI S/O MD. FIROZ SAFI R/o village- Thana Tol, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Akhter Hussain, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 52 of 2021 registered for the offence under Sections 392 of the Indian Penal Code.

Informant's bag is said to have been snatched by the unknown persons.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, the entire F.I.R. is registered

Patna High Court CR. MISC. No.57252 of 2021(2) dt.31-01-2022 2/3 against the unknown persons and no specific allegation is attributed to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner Moreover, the police after investigation has submitted charge sheet against the petitioner and cognizance has also been taken against him by the court below. The petitioner is rotting in judicial custody since 14.02.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner owns one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Jaynagar P.S. Case No. 52 of 2021 with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.57252 of 2021(2) dt.31-01-2022 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T