Md. Rinku @ Md. Shamim Akhtar @ Md. Shamim Akhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32522 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -ISHOPUR District- BHAGALPUR ====================================================== Md. Rinku @ Md. Shamim Akhtar @ Md. Shamim Akhar son of Late Md. Doman @ Doman Mistri @ Ashraf, resident of Village-Kodarjanna, Police Station- Mufassil, District- Sahebganj (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Ishipur Barahat P.S. Case No. 103 of 2015 registered for offence under section 392 of the Indian Penal Code. The petitioner along with accused persons hired a Tempo, where there was a deserted place, they snatched the mobile of the informant, pushed him out and took away the Tempo, later on, the petitioner and his friends were arrested. The counsel for the petitioner submits that the petitioner is in custody since 9th November 2015. Looking to the period of custody, let the petitioner, Md. Rinku @ Md. Shamim Akhtar @ Md. Shamim Akhar, be

Patna High Court Cr.Misc. No.32522 of 2016 (4) dt.16-11-2016 2/2 released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 103 of 2015, subject to the condition that (i) one of the bailors shall be father/mother/wife/son of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to Barahat Police Station by 7th of every month at least for six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Mahesh/- U T