Patna High CourtCR. MISC./51717/2017bail granted

Md. Affan Ali v. The State Of Bihar

2017-11-14Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.51717 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51717 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -DIGHALBANK District- KISHANGANJ ====================================================== Md. Affan Ali, Son of Late Muzammil Haque, Resident of VillageMalmali, P.S.- Kodhobari, District- Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha, Adv For the Opposite Party/s APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.08.2017 in connection with Dighalbank P.S. Case No. 70 of 2017 for the alleged offences under Sections 461, 379 and 511 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and no recovery of the stolen articles has been made from the possession of the petitioner. The petitioner claims clean antecedents.

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, Kishanganj in connection with Dighalbank P.S. Case No. 70 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

Patna High Court Cr.Misc. No.51717 of 2017 (2) dt.14-11-2017 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