Patna High Court - Orders
Suhail Kuraishi vs The State Of Bihar on 1 August, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25512 of 2017
Arising Out of PS.Case No. -250 Year- 2016 Thana -BIKRAMGANJ District- SASARAM
(ROHTAS)
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1. Suhail Kuraishi Son of Faruk Quraishi, resident of Village- Bikramganj,
P.O. & P.S. Bikramganj, District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sada Nand Roy
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
3 01-08-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 03.02.2017 in connection with Bikramganj P.S. Case No. 250/16 for offences punishable under Section 379 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that he had gone out to take money from the Bank, but on return he found his motorcycle missing.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and it is only on the basis of confessional statement of co- accused Mundrika Rai and Monu Khan that he has been made Patna High Court Cr.Misc. No.25512 of 2017 (3) dt.01-08-2017 2/3 accused. He submits that just because he does not have a fair criminal antecedent, he has been made accused in the present case and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It is further submitted that another co-accused Monu khan @ Rizwan Khan @ Rizwan has been granted the privilege of bail by this Court in Cr. Misc. No. 26054 of 2017 on 06.07.2017.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in cases of similar nature in the past.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned S.J.-1st cum Addl. Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 250/16, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial Patna High Court Cr.Misc. No.25512 of 2017 (3) dt.01-08-2017 3/3 as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/-
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