Md. Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1854 of 2022 Arising Out of PS. Case No.-310 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Md. Kadir, S/O Md. Aslam Sah, R/O Village- Kadam Chowk, Singhara, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2022 Heard counsel for the parties.

The petitioner is in judicial custody in connection with Mahua P.S. Case No. 310 of 2021 registered under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

As per the prosecution story, the police party upon confidential information proceeded and intercepted a four wheeler. While some accused persons managed to escape from the place of occurrence, two persons who were caught. Further, accused Ramadhar Kumar disclosed the name of other accused who fled away from the place of occurrence as Md. Kadir. Learned counsel for the petitioner submits that he has not been apprehended on the spot but upon confessional statement of the co-accused Ramadhar Kumar police raided his

Patna High Court CR. MISC. No.1854 of 2022(2) dt.25-04-2022 2/3 house where it is alleged that one motorcycle was recovered and according to the police, family members of the accused failed to produce any document. In these circumstances, he is in jail since 02.11.2021 (as stated in paragraph 14 of the bail application). In view of the aforesaid facts and circumstances as also that the charge-sheet has already been submitted and he is in jail since 02.11.2021, let the petitioner be released 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 Additional Chief Judicial Magistrate-15, Vaishali at Hajipur in connection with Mahua P.S. Case No. 310 of 2021. However, since the petitioner has criminal antecedent; it is necessary to impose certain conditions on him which are as follows:

(i) one of the bailor should be the family member of the petitioner and will produce official document to show his bonafide;

(ii) he shall visit the local police station every fortnight for next six months and or the completion of the trial, whichever is earlier to mark his presence;

(iii) he shall co-operate with the trial and shall ensure his presence on each and every date and failure to do so for two

Patna High Court CR. MISC. No.1854 of 2022(2) dt.25-04-2022 3/3 consecutive dates without plausible reason; his bail bond shall be liable to be cancelled by the Trial Court itself; (iv) in case the petitioner is involved in any criminal offence after his release on bail, the State shall be at liberty to initiate process for the cancellation of his bail. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) khushbu/- U T