Md. Kalam Mian@Kalam Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20269 of 2018 Arising Out of PS.Case No. -1080 Year- 2006 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== MD. KALAM MIAN@KALAM MIAN .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1080 of 2006 Trial No.832 of 2017 , registered for offences punishable under Sections 323, 341, 504, 420 of the Indian Penal Code.

Allegation against the petitioner is that he was supplier of onions and potatoes and he is not ready to pay back the money. Submission of the learned counsel for the petitioner is that allegation is false and concocted and further the FIR has been lodged after three years.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a

Patna High Court Cr.Misc. No.20269 of 2018 (2) dt.25-04-2018 2/2 period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 7th, East Champaran, Motihari in connection with Complaint Case No.1080 of 2006, Trial No.832 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T