Patna High CourtCR. MISC./53015/2016bail granted

Mobarak Ali @ Md. Mobarak Ali v. The State Of Bihar

2017-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53015 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Mobarak Ali @ Md. Mobarak Ali, S/o Late Wahid Ali, resident of VillageBundu, P.S.- Keredari, District- Hazaribagh (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate. For the Opposite Party/s : Mr. Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks bail in Aurangabad (Muffasil) P.S. Case No. 125/2016 registered under Section 392 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and there is no criminal antecedent against the petitioner and he is in jail since 12.08.2016. It has also been submitted that two accused persons, having similar allegation, have been granted bail by this Hon'ble Court vide order dated 20.12.2016 passed in Cr. Misc. No. 51699/2016. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and pointed out that in Para 76 of the case diary it has come that the petitioner has been identified by the

Patna High Court Cr.Misc. No.53015 of 2016 (3) dt.09-01-2017 2/2 informant during T.I.P.

Having heard both sides and in view of the fact that the petitioner is in jail for about five months and there is a single identification and the petitioner has no criminal antecedent, 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 the learned Chief Judicial Magistrate, Aurangabad in Aurangabad (Muffasil) P.S. Case No. 125/2016, subject to the condition that the petitioner shall cooperate in disposal of the trial and shall present himself on each and every date fixed in the case except for genuine reasons. (Vinod Kumar Sinha, J) Dilip/- U T