Md. Faiyaz @ Jhajha @ Faiyaz @ Jhojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57031 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== MD. FAIYAZ @ JHAJHA @ FAIYAZ @ JHOJHA S/o Reyaz , R/o Mohalla- Sufi Nagar, Thabai, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Adv. For the Opposite Party/s : Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Laheri P.S. Case No. 293/2017, registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

Earlier, regular bail of petitioner was rejected by this court vide order dated 05.02.2018 passed in Cr. Misc. No. 1071/2018 with observation that petitioner may renew his prayer for bail after completing one year of custody in jail. Petitioner is in custody since 18.08.2017.

It has been submitted that petitioner has falsely been implicated in this case. There is no eye-witness of the occurrence. He is not named in the F.I.R. and no incriminating article has been recovered from his possession.

Patna High Court Cr.Misc. No.57031 of 2018 (2) dt.19-09-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Biharsharif, Nalanda in connection with Laheri P.S. Case No. 293/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T