Patna High CourtCR. MISC./6952/2017bail granted

Md. Farooque@ Md.Faruk v. The State Of Bihar

2017-02-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6952 of 2017 Arising Out of PS.Case No. -50 Year- 2011 Thana -LAKHNAUR District- MADHUBANI ====================================================== MD. FAROOQUE@ MD.FARUK, son of Late Noor Md., resident of Village--Umri, P.S.-Lakhnour, District-Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Abu Haider with Mr.Nazir Ansari, Advocates For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Lakhnour P.S.Case No. 50 of 2011 registered for the offences punishable under Sections 212, 213, 214, 215, 216, 217, 218, 224, 225, 225A, 379, 411, 406 and 120B of the Indian Penal Code. It has been submitted on behalf of the petitioner that name of the petitioner transpired in this case only on the basis of confessional statement of co-accused and he has clean antecedent and has remained in custody for three months. It has further been submitted that other accused person similarly situated, namely, Raju Sah @ Lal Sahu, has been granted bail by this Court in Cr.Misc.No.49661 of 2016 vide order dated 16.12.2016. Heard learned APP also, who has not controverted the aforesaid fact.

Heard both sides. Considering the fact that petitioner

Patna High Court Cr.Misc. No.6952 of 2017 (2) dt.17-02-2017 2/2 has clean antecedent and has remained in custody for three months and except confessional statement there is nothing against him, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jhanjharpur, District Madhubani, in connection with Lakhnour P.S.Case No. 50 of 2011, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) 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 without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U