Md. Sarfraj @ Sharfraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79033 of 2018 Arising Out of PS. Case No.-527 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Sarfraj @ Sharfraj, S/o Kaiyum, R/vill-Virouli, P.S- Rupauli,Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv For the Opposite Party/s :

Mr.Sri Chandra Bhushan Prasad, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Begusarai Town P.S. Case No. 527 of 2017 registered for the offences punishable under Sections 419, 420, 414 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act.

Allegation in brief is that the petitioner was found in possession of a stolen car and also three ATM cards of different persons.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. Petitioner has no criminal antecedent. Similarly placed co-

Patna High Court Cr.Misc. No.79033 of 2018(2) dt.30-01-2019 2/2 accused have been granted bail by co-ordinate bench of this Court as contained in Annexures 1 and 4 of this petition. Petitioner is in custody since 25.09.2017 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Begusarai Town P.S. Case No. 527 of 2017, subject to 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/- U T