Abdul Rahman @ Abdul vs The State Of Bihar on 14 December, 2018

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Patna High Court - Orders

Abdul Rahman @ Abdul vs The State Of Bihar on 14 December, 2018

Bench: Anil Kumar Upadhyay

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.68263 of 2018
                        Arising Out of PS. Case No.-292 Year-2015 Thana- JOKIHAT District- Araria
                 ======================================================
                 ABDUL RAHMAN @ ABDUL, S/o Imamuddin, R/o Village- Farsadangi,
                 P.S.- Jokihat, District- Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar Singh
                 For the Opposite Party/s :        Mr. Sri Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

2   14-12-2018

Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Jokihat P.S. Case No. 292 of 2015 for the offence under Sections 452, 380 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent. In paragraph-11 there is specific plea of that the petitioner was residing at Delhi and at the time of alleged occurrence he was at Delhi. The plea of alibi is specific plea in the instant case.

In view of the above the Court in order to ensure proper inquiry in the matter as to alibi grant provisional bail to the petitioner. Let the petitioner above named, in the event of arrest or surrender within one month from today, be released on Patna High Court Cr.Misc. No.68263 of 2018(2) dt.14-12-2018 2/2 bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Learned SDJM, Araria in connection with Jokihat P.S. Case No. 292 of 2015, G.R. no. 3106 of 2015, subject to the conditions as laid down under Section 438 Cr.P.C. as also on the conditions that the Court below shall endeavor to inquire into the issue of alibi and if it is found after inquiry that the plea of alibi is correct the Court below will make provisional bail absolute otherwise the Court below is required to cancel the bail bond of the petitioner.

(Anil Kumar Upadhyay, J) T.Kr./-

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Patna High Court - Orders