Imaran Alias Md Imaran Alias Mohmmad Imaran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.917 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Imaran Alias Md Imaran Alias Mohmmad Imaran son of Muhmmad Chand resident of village- Majhauli, P.S.- Baniyapur, distt- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maharajganj P.S. Case No. 237 of 2023 lodged under Section 392 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom there is allegation of robbery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner's name has figured in this case by virtue of confessional statement of co-accused and it is alleged that one Adhaar card, loan form and diary of Bandhan Bank along with one mobile which is not subject to theft, has been recovered

Patna High Court CR. MISC. No.917 of 2024(2) dt.18-01-2024 2/3 from the house of the petitioner,

5. Counsel submits that petitioner's antecedent is not clean and there is one criminal case pending against him in which he is persuading for bail. He submits that petitioner is in custody since 01.09.2023.

6. Learned counsel for the State opposes the prayer for bail and submits that though petitioner is not named in the F.I.R., but there is criminal case pending against him by which it transpires that both are either of robbery or dacoity.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Siwan in connection with Maharajganj P.S. Case No. 237 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.917 of 2024(2) dt.18-01-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T