Mohd. Aman @ Md. Amania @ Amaniya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64975 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== MOHD. AMAN @ MD. AMANIA @ AMANIYA Md. Somra @ Samsad Resident of vill- Kajipura, Kahalgon,Ward No.2, P.S. Colganj, Distt.- Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subodh Prasad, Adv. For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Bhagalpur G.R.P. Case No. 120/2018, registered for the offences punishable under Section 401 and 414 of the Indian Penal Code.
Informant (police personnel) alleged that on 08.06.2018, while he along with others was on duty, Brahmputra mail up reached at platform no. 2 at 7 hours, one person was found sleeping with a bag. On seeing police party, he tried to flee away, but was apprehended. He disclosed his name as Md. Nisar and from his possession looted articles had been recovered. It has been submitted that petitioner has falsely been implicated in this case. His name has surfaced in the case on the confession of Md. Nisar. Nothing has been recovered from the
Patna High Court Cr.Misc. No.64975 of 2018 (2) dt.05-11-2018 2/2 possession of petitioner. Co-accused has been granted anticipatory bail vide order dated 20.09.2018 passed in Cr. Misc. No. 52877/2018.
Petitioner is in custody since 07.07.2018.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Bhagalpur in connection with Bhagalpur G.R.P. Case No. 120/2018, subject to the 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.
(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) Vinita/- U T