Aftab Alam @ Md. Aftab Alam @ Kuaish Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.259 of 2018 Arising Out of PS.Case No. -47 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Aftab Alam @ Md. Aftab Alam @ Kuaish Miya, S/o Md. Yunus @ Yunus Miya, resident of Village- Ahirouliay (Barachakiya), P.S.- Chakia, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Turkaulia P.S. Case No.47 of 2016 (S.Tr.No.738 of 2016), registered for offences alleged under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner at the very outset submits that the petitioner is on bail in all the cases which are stated in paragraph 3 of the bail application. He undertakes to produce the bail orders of those cases before the learned court below. It is submitted that so far as the present case is concerned, the petitioner is not named in the FIR and he has been remanded in

Patna High Court Cr.Misc. No.259 of 2018 (2) dt.12-01-2018 this case while in custody in connection with other case. The allegation in this case is against the unknown persons who have looted Rs.4700/- in cash, one mobile and a motorcycle of the informant. It is submitted that nothing has been recovered from the possession of this petitioner and till date no TIP has been conducted by the police.

Learned APP opposed the prayer for bail.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XIIth, Motihari, East Champaran in connection with Turkauliya P.S. Case No.47 of 2016 (S.Tr.No.738 of 2016), subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that one of the bailors shall be a family member of the petitioner having no criminal antecedent and the petitioner shall cooperate in the trial by putting appearance before the court below. Two consecutive defaults without any plausible reason in putting appearance before the learned court below would lead to cancellation of his bail. At the time of release of the petitioner, the court below shall satisfy himself with the submission of the learned counsel for the petitioner that the petitioner is on bail in all

Patna High Court Cr.Misc. No.259 of 2018 (2) dt.12-01-2018 those cases which have been mentioned in paragraph 3 of the bail application.

(Rajeev Ranjan Prasad, J) Arvind/- U T