Md. Hifajat Alias Mallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9223 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== MD. HIFAJAT ALIAS MALLU S/o Mofij Miyan Resident of Vill.- Sherpur, P.S.- Chakiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 & 414 of the Indian Penal Code and Section 25 (1-b)a, 26 & 35 of the Arms Act. Acting on a tip-off when the informant along with police personnel went to Birahima Bazar Sugariya Mela, he found some culprits assembled there with a view to commit crime and from the possession of the petitioner one loaded

Patna High Court CR. MISC. No.9223 of 2021(2) dt.25-06-2021 2/3 country made pistol and one motor cycle is said to have been recovered.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Co-accused, namely, Md. Sahjad has been enlarged on bail by a co-ordinate bench of this court vide order dated 04.01.2021 passed in Cr. Misc. No. 39194 of 2020. The petitioner has been languishing in custody since 07.04.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Baruraj P.S. Case No.49 of 2020, subject to the following conditions :

Patna High Court CR. MISC. No.9223 of 2021(2) dt.25-06-2021 3/3

(1) 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. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T