Md. Asgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72698 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- RANIGANJ District- Araria ====================================================== Md. Asgar son of Late Kari Sah, resident of village Madhura Uttar, P.S. Narpatganj, District Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Raniganj P.S. Case No. 06 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant has alleged that while he was returning back from the motorcycle of Vikash Kumar Sah, in midway three motorcycle borne miscreants intercepted him on the strength of arms and looted his motorcycle and fled away. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. The name of the petitioner has surfaced in this case on the basis of his own confession as well as confession made by co-accused. Petitioner has been remanded in this case on

Patna High Court Cr.Misc. No.72698 of 2018(2) dt.11-12-2018 2/2 29.05.2018. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 29.03.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Araria, in connection with Raniganj P.S. Case No. 06 of 2018 , with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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) ranjan/- U