Md. Maaz @ Rinku @ Samar @ Maulwi Sahab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26832 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Md. Maaz @ Rinku @ Samar @ Maulwi Sahab, S/o Soaib Alam, R/o Mohalla- Sabzibag, P.S. Pirbahore, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kadamkuan P.S.Case no.65/17, registered for offences punishable under Sections 414/34 of the Indian Penal Code. Allegation against the petitioner is of recovery of one Motorcycle .

Submission of the learned counsel for the petitioner is that the seizure list itself shows that the recovery has not been made from the possession of the petitioner or from the house of the petitioner and further the seizure list does not show signature of the petitioner and other co-accused on the seizure list. Further submission is that the petitioner has clean antecedent and remained in custody for about five months.

Patna High Court Cr.Misc. No.26832 of 2017 (2) dt.11-07-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-VI, Patna in connection with Kadamkuan P.S.Case No.65 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) In future, if his active participation is found in similar type of cases, his bail bond shall automatically be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T