IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35410 of 2010
AFROZ ALAM s/o Md. Nijam, resident of village- Mahanth Maniyari, P.S.-
Maniyari, District- Muzaffarpur.... Petitioner.
Versus
STATE OF BIHAR
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2. 29.10.2010 Heard learned counsel for the parties.
The prayer for bail of the petitioner was earlier
rejected by an order dated 7.11.2009 giving him liberty to
renew his prayer for bail after completing nine months of
further judicial custody.
Counsel for the petitioner would submit that the
petitioner has completed such period of further nine
months of judicial Custody. As with regard to criminal
antecedent, counsel for the petitioner explains that there
was no criminal antecedent of the petitioner prior to
lodging of the instant case and in fact after he was
remanded in the criminal case, he has been remanded in
another case for offence under Sections 467, 468, 471 and
414/34 of the IPC being Maniyari P. S. Case No. 77 of
2009.
As the petitioner is in jail since 7.7.2009 and
claims to have only one more criminal case against him,
this Court would direct for release of the petitioner,
2
namely, Afroz Alam on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Smt. Sangita Rani,
J. M. Ist Class, Muzaffarpur in connection with Kanti P.
S. Case No. 138 of 2009, G. R. No. 992 of 2009, Tr. No.
748 of 2010 in the event he is not found accused in any
third criminal case and subject to the following
conditions:-
(i) The two bail bonds will be furnished, one by
the Government servant and the other by a close family
relative.
(ii) The petitioner will remain present in course
of trial on each and every day and his absence even for a
single day would automatically entail the consequences of
cancellation of his bail.
(iii) The petitioner in case is now made accused
in any other criminal case, that would itself lead to
cancellation of his bail.
Subject to the aforementioned conditions, the
prayer for bail of the petitioner is allowed.
kanchan (Mihir Kumar Jha, J.)