Md. Shahid Ali @ Shahid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76522 of 2019 Arising Out of PS. Case No.-317 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== Md. Shahid Ali @ Shahid Ali, aged about 26 years, (Male), Son of Kaisar Quraishi @ Kaisar @ Md. Kaisar Quraishi, Resident of Village - Hussaina, P.S.- Sitamarhi, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

Informant is a police officer who in his selfstatement has alleged that on 11.09.2019 at about 8:25 P.M. he received a information that some miscreants have assembled to commit some grave crime and thereafter he reached said place along with other police personnel and saw five miscreants

Patna High Court CR. MISC. No.76522 of 2019(2) dt.16-01-2020 2/3 however, three managed to escape and two were apprehended which included petitioner and from the possession of petitioner one iron knife and mobile was recovered.

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. Nothing incriminating was recovered from his possession and he was returning after seeing Moharram procession and was arrested. Petitioner has no criminal antecedent and is in custody since 12.09.2019 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupari Sitamarhi, in connection with Bajapatti P.S. Case No. 317 of 2019, 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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.76522 of 2019(2) dt.16-01-2020 3/3 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