Md. Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47450 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Md. Irfan Alam, son of Md. Saffiullah, resident of Village- Damodarpur, P.S.- Kanti, District- Muzaffarpur, Bihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Surendra Kumar Singh, Advocate Ms. Tulika Singh, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.02.2017 in connection with Hajipur Sadar P.S. Case No. 31 of 2017 for the alleged offences under Section 382 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and the FIR is against two unknown persons. The petitioner's name has transpired on the confessional statement of co-accused Satyam Kumar @ Ranu and Md. Khurshid Alam @ Guddu, both of whom have been granted bail by the learned Court below. No T.I. parade has been conducted nor any incriminating articles have been recovered from his possession.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in

Patna High Court Cr.Misc. No.47450 of 2017 (2) dt.30-10-2017 connection with Hajipur Sadar P.S. Case No. 31 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T