Md. Irfan @ Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29263 of 2018 Arising Out of P.S.Case No. -84 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Md. Irfan @ Akhtar, son of Md. Aalam Khan, Resident of Village Ketaribag, P.S. Jori, District- Chatra (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner as well as learned APP for the state.

The petitioner is in custody in connection with Sherghati P.S.Case No.84 of 2017 registered for an offence under section 394 of the IPC.

It has been submitted that the case has been registered against four unknown miscreants. In course of investigation, one Kamlesh Manjhi @ Vikash was apprehended in a different case in Sherghati P.S.Case No.223 of 2017 wherein he disclosed the name of this petitioner and other co-accused. The said Kamlesh Manjhi who confessed and disclosed the name of this petitioner has been allowed bail in Cr.Misc.No.4963 of 2018. The petitioner is in custody since 31.07.2017 and till date he has not been put on test

Patna High Court Cr.Misc. No.29263 of 2018 (3) dt.28-06-2018 2/2 identification parade.

The learned APP opposed the submissions.

In the facts and circumstances of the case, the prayer for bail is allowed. Let the above named petitioner be released on bail on furbishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Sherghati, Gaya in connection with Sherghati P.S.Case No.84 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T