Istekhar @ Istekhar Ali @ Meghu Thikedar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53923 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -THAWE District- GOPALGANJ ======================================================

1. Istekhar @ Istekhar Ali @ Meghu Thikedar, son of Late Noor Alam Mian alias Late Noor Alam, Resident of village- Chaurawan, Police StationGopalganj, District- Gopalganj .... Petitioner

Versus

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

For the Petitioner : Mr. Lokesh Kumar Singh, Adv. For the Opposite Party : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-02-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 395 of the Penal Code.

The first information report is against unknown. The name of the petitioner finds place on the report of the spy that the petitioner was seen roaming around the place of occurrence about 2-3 days prior to the occurrence and it is stated that after he remanded in this case from another case recovery has been shown of the stolen mobile from the joint house of the petitioner and there are five criminal cases against the petitioner. The learned counsel for the petitioner submits that the petitioner has not been put on test identification parade.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Thawey P.S. Case No. 23 of 2015 to the satisfaction of the Chief Judicial Magistrate, Gopalganj, subject to the condition that

Patna High Court Cr.Misc. No.53923 of 2015 (3) dt.11-02-2016 one of the bailors shall be a close relative of the petitioner, who will file affidavit to the effect that the petitioner shall not indulge in such activity further and if he indulges, then, the deponent must inform the Court about the indulgence of the petitioner and the Court below, itself, shall proceed to cancel the bail bond of the petitioner and the petitioner shall file hazari in the nearest Police Station once in fortnight for one year and if any criminal activity of the petitioner is pointed out, then, the trial Court shall proceed for cancellation of the bail.

(Gopal Prasad, J) SA/- U √ T √