Azam Sapera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70556 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- PALASI District- Araria ====================================================== Azam Sapera Son of Late Sagir Ansari Resident of Village-Chahatpur, Palasi P.S. Palasi, Distt.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Palasi P.S. Case No.177/2018 registered for the offence punishable under Sections 379/411 of the Indian Penal Code.

Informant has alleged that in the intervening night of 27.06.2018 and 28.06.2018, his buffalo was taken away by some thief and on 28.06.2018 during search being made by him and his family members stolen buffalo was recovered from the possession of co-accused Md. Jasim.

The name of the petitioner has surfaced in this case on the basis of confessional statement made by the said coaccused Md. Jasim that the petitioner was also an accomplice in stealing of the said buffalo. Petitioner is in custody since 12.07.2018.

Patna High Court Cr.Misc. No.70556 of 2018(2) dt.10-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Araria in connection with Palasi P.S. Case No.177/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

Sanjay/- (S. Kumar, J) U T