Ehtesham @ Ehtesham Alam @ Aihatsham vs The State Of Bihar on 3 November, 2023

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Patna High Court - Orders

Ehtesham @ Ehtesham Alam @ Aihatsham vs The State Of Bihar on 3 November, 2023

Bench: Anshuman

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57573 of 2023
                         Arising Out of PS. Case No.-96 Year-2022 Thana- ARARIA District- Araria
                 ======================================================
                 Ehtesham @ Ehtesham Alam @ Aihatsham, son of Mohiuddin Village-
                 Belbari Ward no-15, P.S.- Bairgachi Dist- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nafisuzzoha, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   03-11-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Araria (Bairgachhi) P.S. Case No. 96 of 2022, lodged on 01.02.2022 under Section 394 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 10.11.2022 passed in Cr. Misc. No. 24573 of 2022 along with Cr. Misc. No. 30562 of 2022. He also submits that at the time of rejection, liberty was granted to the petitioner that he may renew his prayer for bail 6 months after framing of charge. He further submits that the charge has been framed in this case on 29.11.2022 and 6 months have already been lapsed.

4. Learned APP for the State opposes the prayer for Patna High Court CR. MISC. No.57573 of 2023(3) dt.03-11-2023 2/3 bail of the petitioner and submits that the charge has been framed and 6 months have already been lapsed.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 96 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for Patna High Court CR. MISC. No.57573 of 2023(3) dt.03-11-2023 3/3 cancellation of the bail bonds; and

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Dr. Anshuman, J.) Divyansh/-

U      T

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Patna High Court - Orders