Md. Jafar Ali @ Md. Jafar @ Jafar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56989 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- PRANPUR District- Katihar ====================================================== Md. Jafar Ali @ Md. Jafar @ Jafar Ali, S/o Late Faijudin, Resident of villageManik Nagar, Police Station- Pranpur, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Pranpur (Roshna O.P.) P.S. Case No.41 of 2021 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

While the informant was going to purchase cattle, five persons on two motorcycles have accosted him, looted him of Rs.2,40,000/- and on resistance, it is alleged that one has also fired.

The learned counsel for the petitioner submits that coaccused persons have been allowed bail in Cr.Misc. No.40958 of 2021, Cr.Misc. No.42230 of 2021, Cr.Misc. No.47157 of 2021, Cr.Misc. No.6998 of 2022 and Cr.Misc. No.6841 of 2022.

Patna High Court CR. MISC. No.56989 of 2022(2) dt.12-01-2023 2/3 The Petitioner's name has come in this case on confessional statement of co-accused Basiruddin, leading to no recovery from the petitioner. He is having clean antecedents and is in custody since 01.08.2022. Investigation is also complete. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, manner of petitioner's implication, claim based on parity and custody as also his clean antecedents, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st I/C, Katihar, in connection with Pranpur (Roshna O.P.) P.S. Case No.41 of 2021, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.56989 of 2022(2) dt.12-01-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T