Shami Akhatar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35157 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shami Akhatar Son of Late Tahid Miyan Resident of VillageKolhuarwa, P.S.-Motihari Town, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Muffasil P.S.Case No.124 of 2017, registered for offences punishable under Sections 461 and 379 of the Indian Penal Code. The petitioner is not named in the F.I.R. and it appears that his name transpired on the basis of confession of the co-accused.

Submission of the learned counsel for the petitioner is that except confession there is nothing against the petitioner and he is in custody for about four months. It has also been submitted that the another co-accused person having similar allegation has already been granted bail by this Court vide order dated 20.7.2017 passed in Cr. Misc. No.34122 of 2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.35157 of 2017 (2) dt.04-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned C.J.M., Motihari, East Champaran in connection with Muffasil P.S.Case No.124 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate 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, his bail bond shall be cancelled. (iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T