Md. Masoom @ Kari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49898 of 2018 Arising Out of PS. Case No.-279 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Masoom @ Kari S/o Md. Hasar Ali, R/o Vill.- Hardiya, P.S.- Muffasil, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Babita Kumari, Adv.

For the Opposite Party :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 279 of 2018 registered for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code, Section 13 of the Foreigners Act, 1946 and 12 of the Passport Act, 1964.

Allegation against the petitioner is that after creating false document, petitioner has tried to prove that he is a citizen of India rather he is a citizen of Bangladesh and after creating forge document he came to India. Petitioner claims that he is citizen of Bangladesh and has committed no forgery. It has been submitted on behalf of the petitioner that he is quite innocent and has committed no offence, petitioner has neither prepared forged passport or VISA etc. It has been further submitted that the wife of the petitioner is residing at village Hardia under P.S. Muffasil and on the occasion of

Patna High Court Cr.Misc. No.49898 of 2018(3) dt.23-08-2018 2/2 festival (Ramzam) petitioner come to his ancestral home to meet his wife and children. He is in custody since 25.05.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 279 of 2018 with following conditions:

(1) One of the bailor should be his wife and another bailor having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) Petitioner should surrender his Pass-port of Bangladesh in court below and will not leave this country without permission of court below.

(S. Kumar, J.) Rajiv/manoj U T