Taufeeq Alam @ Toufique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8981 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- PAHARKATTA District- Kishanganj ====================================================== Taufeeq Alam @ Toufique Alam Son Of Late Abdul Karim Resident Of Village - Chhagalia, Ward No. 10, P.S. - Paharkatta, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Paharkatta P.S. Case No.111 of 2023, lodged on 03.08.2023, under Section 414/420 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the petitioner from whose possession the vehicle, subject to theft by use of forged registration number, was recovered.

4. Learned counsel for the petitioner submits that there is one criminal case pending against the petitioner in which he is on bail. He is in custody since 03.08.2023. Charge sheet has already been filed. Counsel also submits that offence in which FIR has been lodged are magisterial triable.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.8981 of 2024(2) dt.20-02-2024 2/3 for bail and submits that the vehicle has been recovered with forged number.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, and on being satisfied that he is not absconding in Paharkatta P.S. Case No.101 of 2021, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Paharkatta P.S. Case No.111 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.8981 of 2024(2) dt.20-02-2024 3/3 (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T