Md. Imran Sabir @ Imran Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53388 of 2016 Arising Out of PS.Case No. -260 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. MD. IMRAN SABIR @ IMRAN SABIR, son of Safiruddin, Resident of Village- Gariki Bageshwari, P.S.- Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 Heard the parties.

This application has been filed in connection with Jokihat P.S.Case No.260 of 2016 for the offence under Sections 420, 409, 467, 468, 471, 120-b of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner relates to appointment made in the year, 2007 and now the case has been lodged in the year, 2016. Further, it has been submitted that the informant in this case had moved before the District Programme Officer and the case was dismissed by the District Programme Officer with a direction to move before the competent authority and thereafter the present case has been lodged. It is further submitted that he

Patna High Court Cr.Misc. No.53388 of 2016 (5) dt.30-01-2017 2/3 is in custody since 20.10.2016.

Heard learned A.P.P. as well as learned counsel for the informant. It has been submitted on behalf of the learned counsel for the informant that the petitioner is named in other cases also as mentioned in Para 3 of the application, in which he has been made accused rather one case was dismissed by the Co-ordinate Bench of this Court.

Having heard both sides. In view of the fact that the matter relates to the year, 2007 and the case has been lodged in the year, 2016, no doubt there are allegation against the petitioner but he is in custody for about three months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Araria in connection with Jokihat P.S.Case No.260 of 2016 with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court and the petitioner shall cooperate in the disposal of trial and make himself 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

Patna High Court Cr.Misc. No.53388 of 2016 (5) dt.30-01-2017 3/3 without showing any genuine reasons, he shall be liable for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U