Md. Kamran Jafri @ Aamir @ Ahteshan Alam @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81700 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- PUNPUN District- Patna ====================================================== MD. KAMRAN JAFRI @ AAMIR @ AHTESHAN ALAM @ RAJA, Son of Md. Anwar Alam @ Suhil @ Md. Anwar Hussain R/O - New Azimabad, Colony, Sultanganj, P.S.- Sultanganj, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha For the Opposite Party/s :
Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.
Informant has alleged in his written complaint dated 1.6.2019 / 4.6.2019 upon which FIR was instituted dated 1.6.19 stating therein that while he was going to his residence, four persons on two motorcycles were following him and intercepted his vehicle by overtaking it and took away his car, however, in his re-statement he completely changed his version of FIR and stated that he was duped by two accused who took his car for test drive in order to purchase it and thereafter fled away.
Patna High Court CR. MISC. No.81700 of 2019(3) dt.13-01-2020 2/3 It is submitted that petitioner is innocent and has been falsely implicated in this case and there is much contradiction in the FIR instituted and re-statement of informant. The FIR is instituted on 1.6.2019,however, written complaint is dated 4.6.2019 and same was sent to the court on 10.6.2019. Petitioner is in custody since 13.07.2019.
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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Punpun P.S. Case No. 140/19 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
Patna High Court CR. MISC. No.81700 of 2019(3) dt.13-01-2020 3/3 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) Sanjay/- U T