Md. Kaisar Ali @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63166 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- JALALGARH District- Purnia ====================================================== MD. KAISAR ALI @ CHHOTU Son of Md. Asraf Ali R/o Village - Geria, P.S.- Jalalgarh, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar, Advocate For the Opposite Party/s :
Mr.Naveen Kumar Pandey, APP For the Informant :
Mr.Kumar Manglam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Jalalgarh P.S. Case No. 70 of 2022 registered for the offence under Sections 341, 323, 363, 366, 379, 504 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 08.07.2022.
The allegation against the petitioner is to enticed away the wife of the petitioner who is mother of two children and also to taken away cash of Rs. 60,000/- along with gold and silver
Patna High Court CR. MISC. No.63166 of 2022(2) dt.19-04-2023 2/3 ornaments.
Learned counsel appearing on behalf of the petitioner submitted that the entire occurrence is based upon suspicion where thrust of allegation available against co-accused, namely, Md. Ansar. It is submitted that said, Md. Ansar, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 4234 of 2023 vide order dated 07.04.2023. It is further submitted that maximum allegation which appears against the petitioner is only to give a lift to the co-accused, Md. Ansar, and wife of the informant for Purnia. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Kumar Manglam, on behalf of the informant opposes the prayer of bail. In view of the facts and circumstances as mentioned above, as thrust of allegation as regard to kidnapping is available against co-accused Md. Ansar coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Jalalgarh P.S. Case No.
Patna High Court CR. MISC. No.63166 of 2022(2) dt.19-04-2023 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T