Md. Jarif @ Md. Jariph @ Md. Izhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61237 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- PATORI District- Samastipur ====================================================== MD. JARIF @ MD. JARIPH @ MD. IZHAR ALAM Son of Master Md. Rais @ Md. Rayees Resident of Village - Iman Sarai, P.S.- Patory, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Ms. Babita Kumari For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code registered in connection with Patori P.S. Case No. 220 of 2019.

3. It is submitted that the petitioner has been falsely implicated and in any event the thrust of accusation of firing upon Md. Gulab and Md. Jafar has been attributed to co-accused Bablu and Asfak and the injuries are simple in nature. As far as the petitioner is concerned, the only accusation made is of taking away Rs. 2,500/- from the galla of the informant's shop, which is mere embellishment. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 ACJM IV, Samastipur, in connection with Patori P.S. Case No. 220 of

Patna High Court CR. MISC. No.61237 of 2019(2) dt.16-10-2019 2/2 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further 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. 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/- U T