Abre Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68421 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- THAWE District- Gopalganj ====================================================== Abre Alam S/O Md. Hashim R/O Village- Admapur, P.O And P.SManjhagarh, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Thawe P.S. Case No. 156 of 2023 dated 04.06.2023, lodged under Section 392 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against two unknown accused persons against whom there is an allegation of committing robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the F.I.R. rather his name has figured in this case by virtue of the confessional statement of the co-accused. Counsel submits that nothing incriminating has been recovered from the possession of the
Patna High Court CR. MISC. No.68421 of 2023(2) dt.18-10-2023 2/3 petitioner nor he was put on T.I.P. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 12.06.2023 in which charge-sheet has already been filed
5. Learned counsel for the State opposes the prayer for bail and submits that it is true that the antecedent of the petitioner is clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Thawe P.S. Case No. 156 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.68421 of 2023(2) dt.18-10-2023 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T