Shahrukh Raja @ Aarsi Ahmad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38344 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Shahrukh Raja @ Aarsi Ahmad, Son of Sami Ahamd, Resident of VillageThengpur, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The State Bank of India Chandwara Branch P.S. Town DistrictMuzaffarpur through its Branch Manager. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Amrendra Kumar, Adv. Mr. Md. Anisur Rahman, Adv.
For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, A.P.P. For the O.P. No. 2 : Mr. Anjani Kumar Mishra, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 28.03.2017 in connection with Muzaffarpur Town P.S. Case No. 79 of 2017 for offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.
The prosecution case, as lodged by the Branch Manager of Chandwara Branch, is that in the night of 05.02.2017 some miscreants tried to open the grill of the bank premises and stole away CPU regarding CCTV footage.
Patna High Court Cr.Misc. No.38344 of 2017 (3) dt.06-10-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and during course of investigation his name surfaced. He submits that charge-sheet has already been submitted, no overt act has been committed and no money stolen and that there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 79 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail
Patna High Court Cr.Misc. No.38344 of 2017 (3) dt.06-10-2017 3/3 cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T