Md. Sarfaraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70854 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- AMAUR District- Purnia ====================================================== Md. Sarfaraz Son Of Md. Samim Resident Of Village Kashibarip.S Amour Distt. Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Amour P.S. Case No.141 of 2023, lodged on 07.05.2023, under Sections 417/419/420/465/467/468/471/472/473/474/120B/34 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against 11 named accused persons including the present petitioner. Allegation in the FIR is that the petitioner along with others in connivance with each other used to download the fingerprint from the registered deed from his laptop and used to extract money from their bank account.
4. Learned counsel for the petitioner submits that nothing incriminating has been recovered from possession of the
Patna High Court CR. MISC. No.70854 of 2023(2) dt.07-11-2023 2/3 petitioner. He submits that his name has figured in this case by virtue of confessional statement of Raushan Zamir and he has disclosed about the petitioner that he has also fled away from the shop. Counsel submits that antecedent of the petitioner is clean. He is in custody since 05.08.2023. Counsel also submits that there are series of persons similarly situated, who have been granted bail by the coordinate Benches of this Court vide orders dated 25.08.2023, 30.08.2023 and 04.09.2023 passed in Cr. Misc. Nos.54955, 50718 and 58449 of 2023 respectively.
4. Learned counsel for the State opposes the prayer for bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail only after framing of the charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Amour P.S. Case No. 141 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure 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
Patna High Court CR. MISC. No.70854 of 2023(2) dt.07-11-2023 3/3 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 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. (Dr. Anshuman, J) Mkr./- U T