Allowed

Sahzad Alam @ Sahzad Rai v. The State of Bihar

Patna HC15 Apr 2019CR. MISC./23321/2019

Case brief

AI extract

What is this about?

In an anticipatory bail petition, the petitioner apprehended arrest in a Sections 366 IPC case, alleging false implication and FIR delay. The High Court granted bail on furnishing security and adhering to specific conditions, including continuous court attendance.

What did the court decide?

Anticipatory bail granted; release allowed upon surrender within six weeks after furnishing Rs. 10,000 bond with two sureties and complying with stipulated conditions.

Sahzad Alam @ Sahzad Rai Vs The State of Bihar — Quashing and FIR | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23321 of 2019

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Arising Out of PS. Case No.-571 Year-2017 Thana- MOHANIYA DistrictKaimur (Bhabua)

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======================================================

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SAHZAD ALAM @ SAHZAD RAI, aged about 30 years, male, Son of Hakimuddin Rai, Resident of Village- Baghani, P.S.- Mohania, DistrictKaimur at Bhabua.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sujeet Kumar, Advocate. For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 15-04-2019

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Section 366 of the Indian Penal Code registered in connection with Mohania P.S. Case No. 571 of 2017.

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It is submitted that the petitioner has been falsely implicated on mere suspicion, except which there is no objective material to connect the petitioner with the alleged occurrence, nor there is any eye witness to the alleged occurrence. There is inordinate delay in institution of the F.I.R. on 16.10.2017 for the alleged occurrence of 11.09.2017. The petitioner claims clean antecedents.

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Be that as it may, in the event of the petitioner’s

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Patna High Court CR. MISC. No.23321 of 2019(2) dt.15-04-2019 2/3

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arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 571 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions -

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(i) That one of the bailors shall be a close relative of the petitioner.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Ibrar//-

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Patna High Court CR. MISC. No.23321 of 2019(2) dt.15-04-2019 3/3

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U T

Sahzad Alam @ Sahzad Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sahzad Alam @ Sahzad Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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