Mr. Ibran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66326 of 2018 Arising Out of PS. Case No.-226 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Mr. Ibran, Son of Md. Hasim, Resident of Village- Harrakh, Ward NO. 13, P.S.- Town, District- Begusarai.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party :

Mr.Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 356 and 379 of the Indian Penal Code registered in connection with Muffasil P.S. Case No. 226 of 2018.

3. It is submitted that the petitioner has been falsely implicated only on the basis of confessional statement of co-accused Md. Tanveer Alam except which there is no material to connect the petitioner with the alleged occurrence. No recovery of any looted cash or other incriminating articles has been made from possession of the petitioner. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, 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 Chief Judicial Magistrate, 1st, Begusarai, in connection with Muffasil P.S. Case No. 226 of 2018, subject to the conditions as laid down

Patna High Court Cr.Misc. No.66326 of 2018(2) dt.07-01-2019 2/2 under Section 438 (2) Cr.P.C. and with 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 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. (iv) That the petitioner shall cooperate 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.

(Vikash Jain, J) BT/Chandran U T