Patna High CourtCR. MISC./41442/2016bail granted

Rahmat v. The State Of Bihar

2016-10-03Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.41442 of 2016 (2) dt.03-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41442 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Rahmat son of Ahmad @ Dhadi resident of Village- Khudaganj (Dargah Ke Bagal Me Balipar), Police Station- Khudaganj, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.07.2016 in connection with Khudaganj P.S. Case No. 12 of 2016 for the offences alleged under Sections 363, 371, 372/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the informant's son wherein he has stated that while travelling with the petitioner, he was caught at Jaipur Railway Station by the T.T.E. and when the petitioner went to arrange for money, then the informant's son went away with another person to work in a factory. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri Sanjay Singh, learned Judicial Magistrate, Ist Class, Hilsa, Nalanda, in connection with Khudaganj P.S. Case No. 12 of 2016, with the following conditions:-

Patna High Court Cr.Misc. No.41442 of 2016 (2) dt.03-10-2016 (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T