Md. Tanveer @ Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3213 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -TATARPUR District- BHAGALPUR ====================================================== Md. Tanveer @ Lal S/o Md. Jafeer, R/o Mohalla- Barari (Madhu Chowk), P.S.- Barari, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.04.2017 in connection with Tatarpur P.S. Case No.58 of 2017 for offences punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while one of his associates met him and parked his motorcycle in front of his house, the said motorcycle went missing.

Patna High Court Cr.Misc. No.3213 of 2018 (3) dt.16-02-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and subsequently his name surfaced along with one other during investigation. He submits that charge-sheet already been submitted and considering the period of custody a sympathetic consideration be given.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and the stolen motorcycle was recovered from the possession of the petitioner.

Considering the facts and circumstances and the materials on record, 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 Additional Chief Judicial Magistrate-7th Bhagalpur in connection with Tatarpur P.S. Case No.58 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Patna High Court Cr.Misc. No.3213 of 2018 (3) dt.16-02-2018 3/3

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T