Jaid Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79044 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Jaid Anwar, son of Qaish Anwar @ Quais Anwar, resident of Khankah Mohalla, P.S. Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Sri Aditya Narayan Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.Tr. No. 630 of 2018, arising out of Gardanibagh P.S. Case No. 166 of 2018 registered for the offences punishable under Sections 394, 397, 302 of the Indian Penal Code and Section 27 of Arms Act.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R . There is no recovery of any incriminating article from the person or possession or from the house of the petitioner. The name of the petitioner has surfaced on the confessional statement of co-accused Nishant Kumar. There is no T.I.P. Similarly placed co-accused have been granted bail by this court and by co-ordinate bench of this

Patna High Court Cr.Misc. No.79044 of 2018(2) dt.30-01-2019 2/2 court as contained in Annexure 2 and 2/1 series. Petitioner is in custody since 31.05.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Fast Track -II, Patna, in connection with S.Tr. No. 630 of 2018 (arising out of Gardanibagh) P.S. Case No. 166 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T