Md. Quaiser Alam @ Md. Quaiser v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71596 of 2018 Arising Out of PS. Case No.-63 Year-2017 Thana- JOKIHAT District- Araria ====================================================== Md. Quaiser Alam @ Md. Quaiser, Son of Md. Iliyas @ Ihlyas, Resident of Village and P.O.- Kakan, P.S.- Jokihat, District- Araria. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. S.B.K. Manglam, Mrs. Anita Kumari, Advocates For the Opposite Party :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420, 506 and 120(B)/34 of the Indian Penal Code registered in connection with Jokihat P.S. Case No. 63 of 2017.
3. It is submitted that the petitioner has been falsely implicated and the present case is nothing but a counter blast of earlier first information report in Jokihat P.S. Case No. 25 of 2017 in which the present informant has been made accused. The thrust of accusation is against Mukhiya and Panchayat Secretary of the concerned Gram Panchayat and except suspicion, there is no objective material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.
4. Be that as it may, 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
Patna High Court Cr.Misc. No.71596 of 2018(3) dt.05-02-2019 2/2 Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 63 of 2017, subject to the conditions as laid down 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.
BT/Chandran (Vikash Jain, J) U T