Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20861 of 2018 Arising Out of PS. Case No. -67 Year- 2017 Thana -PALASI District- ARRARIA ====================================================== Md. Imtiyaz, S/o Md. Islamuddin @ Islamuddin, Resident of VillageGogra, P.S.- Jokihat, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.03.2017 in connection with Palasi P.S. Case No. 67 of 2017, GR No. 1153 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as he along with three unknown persons are not named in the first information report. No test identification parade has been conducted for identification of the petitioner nor have any incriminating articles been recovered from his possession. The petitioner has been implicated merely on the extra-judicial confessional statements of co-accused Mustazir @ Md. Mustazir @ Gazni Gaziya @ Gazni and Md. Sadakat @ Sadakat, who are also not named in the FIR and except such statements, there is no other material to connect the petitioner with the alleged offence. The said co-accused Mustazir @ Md. Mustazir @ Gazni Gaziya @ Gazni and Md. Sadakat @ Sadakat have been granted bail by the coordinate Bench of this Court in Cr. Misc. No. 18337 of 2018 and Cr. Misc. No. 18093 of 2018, respectively.

Patna High Court Cr.Misc. No.20861 of 2018 (3) dt.27-04-2018 2/2

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 III, Araria in connection with Palasi P.S. Case No. 67 of 2017, GR No. 1153 of 2017, on the following 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 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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

B.T/Chandran (Vikash Jain, J) U T