Allowed

Md. Taiyab v. The State Of Bihar

Patna HC5 Dec 2016CR. MISC./51540/2016

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner, who was in custody since August 24, 2016, under Sections 420, 467, 468, and 471 IPC. Bail was conditioned on a bond of Rs. 10,000 with two sureties and undertakings against interfering with witnesses or tampering with evidence.

What did the court decide?

Enlarged on bail on bond of Rs. 10,000 with two sureties of the like amount; no interference with witnesses or evidence.

Md. Taiyab Vs The State Of Bihar — Bail and Remand | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51540 of 2016

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Arising Out of PS.Case No. -202 Year- 2015 Thana -ARWAL District- JEHANABAD

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====================================================== Md. Taiyab, Son of Idrish Kuraishi @ Md. Idrish, Resident of Village - Koch Dihra, P.S. - Khiri More, District - Patna.

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jogendra Kumar, Advocate For the Opposite Party/s : Mr. (Dr.) Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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2 05-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner is languishing in custody since 24.08.2016 in connection with Arwal P.S. Case No. 202/15 for offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

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The prosecution case, as lodged by the Vigilance Bureau of the State Government, is that the petitioner’s B.Ed. educational qualification has been found to be not genuine in the verification done in pursuance to the direction of this Court, passed in Public Interest Litigation bearing C.W.J.C. No. 15459 of 2014.

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It has been submitted by the learned counsel for the petitioner that he had joined as Assistant Teacher in a

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Patna High Court Cr.Misc. No.51540 of 2016 (2) dt.05-12-2016

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Higher Secondary School, but has not taken any remuneration from the date of joining till 24.08.2015 when he left the school, hence, there is no loss to the public exchequer. He submits that the charge-sheet has already been submitted against him, hence, there is no chance of tampering with the prosecution evidence.

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However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

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Be that as it may, since the charge-sheet has already been submitted and from the materials available it does not reveal that the petitioner’s liberty on bail would adversely affect his trial, 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 Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 202/15.

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This direction of bail is further subject to the condition that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear before the learned

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Patna High Court Cr.Misc. No.51540 of 2016 (2) dt.05-12-2016

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Court below as and when directed.

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With these observations and directions, the

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application stands allowed.

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(Nilu Agrawal, J.)

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Rajesh/-

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U T

Md. Taiyab v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Taiyab v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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