Md. Reyaz @ Surya @ Reyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46004 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== MD. REYAZ @ SURYA @ REYAZ ANSARI, Son of Late Feyaz Ahmad, resident of Mohalla-Maharajganj, Police Station- Laheriasarai, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 19.08.2017 in connection with Laheriasarai P.S. Case No.164 of 2017 registered for the offence under Sections 188, 290, 414 and 386 of the Indian Penal Code and Sections 12/45(ii), 52(a) of the Prison Act and Section 662 of the Kara Act.

Learned counsel for the petitioner submits that altogether a false allegation has been levelled against the petitioner and it is hardly probable that the petitioner would send out threatening calls from the jail to the parents of other jail inmate for recovering the money. It is further submitted that the alleged recovery of mobile was also not from the possession of the petitioner as the seizure list does not bear his signature. Considering the aforementioned facts and circumstances and the period of custody already undergone, let the petitioner, above named, be released on bail on his

Patna High Court Cr.Misc. No.46004 of 2018 (2) dt.14-08-2018 2/2 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P.S. Case No.164 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T