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Patna High CourtCR. MISC./16975/2018bail granted

Ainul Haque @ Md. Ainul Haque v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16975 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Ainul Haque @ Md. Ainul Haque son of Jamshad Ali resident of Mozabari, Police Station Kochadhaman, District Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 394 of the Indian Penal Code.

It is submitted on behalf o the petitioner that FIR is against 3-4 unknown persons. However, the police have implicated 9 persons including the instant petitioner. The recovery of Rs. 3200 cash attributed to the petitioner is false and the same is denied. The petitioner has no criminal antecedent prior to the instant case and other than his own confessional statement there is no material to connect the petitioner with the occurrence. Similarly situated co- accused has been allowed bail in Cr. Misc. No. 63068 of 2017. Petitioner is in jail custody since 08.07.2017.

Patna High Court Cr.Misc. No.16975 of 2018 (3) dt.26-04-2018 2/2 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Kishanganj in Kochadhaman P.S. Case No. 106 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U