Md. Firoj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21915 of 2016 Arising Out of PS.Case No. -346 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Firoj Alam Son of late Gayasuddin Resident of Village- Pathrabari, Police station -Jokihat, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Araria (Bairgachhi) P.S. Case No. 346 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code. The petitioner is not named in the First Information Report. From perusal of the impugned order, it reveals that during course of investigation, the name of this petitioner transpired in the confessional statement of co-accused Md. Aasif Raza and the petitioner has got criminal antecedent It is submitted that the petitioner is in custody since 01.12.2015 but he has not been put on TIP, nothing has been recovered from his conscious possession and without any legal

Patna High Court Cr.Misc. No.21915 of 2016 (2) dt.23-05-2016 2/2 and tangible material, he is suffering in custody whereas, similarly situated co-accused Md. Sadaquat @ Sadaquat has already been allowed bail vide Cri. Misc. No. 8029 of 2016 by another coordinate Bench of this Court to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Araria (Bairgachhi) P.S. Case No. 346 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T