Md. Zeeshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54426 of 2019 Arising Out of PS. Case No.-655 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== MD. ZEESHAN Son of Md. Aftab Alam @ Md. Aftab Resident of Village - Bogala, P.S.- Mohanpur (Barachatti), Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 392/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. FIR is against unknown and petitioner's name has come in this case on his own confession in another case. Petitioner is in custody in the instant case since 18.6.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Nothing incriminating has been recovered from his possession to connect him with the case.

In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.54426 of 2019(3) dt.25-10-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate, Sherghati, Gaya in Barachatti Mohanpur Police Station Case No. 655 of 2017 on the following conditions:-

(1) 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.

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

(Prabhat Kumar Singh, J) Shashi U T