Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76704 of 2018 Arising Out of PS. Case No.-529 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Akbar son of Md. Firoz @ Firoz r/o Mohalla Manhdi Nagar, Samanpur, P.S. Shastri Nagar, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma, Adv For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Shastri Nagar P.S. Case No. 529 of 2018 registered for the offence punishable under Sections 342, 323, 363, 365/34 of the Indian Penal Code. Informant has alleged that he and accused persons are friends and drivers of OLA company but due to misunderstanding Informant has lodged this case against accused persons. Informant in his fardbeyan has alleged that he had given his Car of OLA company to his associate driver Md. Salim and he informed that after booking the Car, five persons in a I10 Car captured the Car and assaulted the driver and thereafter Salim was not receiving the phone call and thereafter the I10 Car was traced and its driver Md. Akbar (petitioner) was apprehended.

Patna High Court Cr.Misc. No.76704 of 2018(2) dt.19-12-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and FIR was instituted due to confusion and misunderstanding and thereafter same has been resolved. Petitioner has got no criminal antecedent and is in custody since 18.08.2018.

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 ACJM-IV, Patna, in connection with Shastri Nagar P.S. Case No. 529 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