Patna High CourtCR. MISC./55268/2018bail granted

Md. Hasan @ Md. Hussain v. The State Of Bihar

2018-10-06Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55268 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Md. Hasan @ Md. Hussain S/o Md. Mosim, R/o Makrah, P.S.- Kochadhman, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offence alleged under Sections 420, 467, 468 and 471/34 registered in connection with Kochadhaman P.S. Case No. 34 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event, a statement has been made in para 11 of the petition referring to order-sheet dated 01.06.2018 of the lower court that the matter has since been compromised between the parties and the informant has taken back the entire amount, leaving no dispute remaining between the parties. Petitioner claims clean antecedent.

4. Having regard to the entirety of the facts and

circumstances, as such, in the event of the petitioner arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners 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 learned Additional Chief Judicial Magistrate-I-Kishanganj in connection with Kochadhaman P.S. Case No. 34 of 2018 subject to the conditions as laid down under Section 438(a) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall 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 co-operative with the investigation, if not already concluded, and make him available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond

shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) sushma/- U