Md. Quddus @ Md. Kuddus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1070 of 2020 Arising Out of PS. Case No.-788 Year-2019 Thana- ARARIA District- Araria ====================================================== MD. QUDDUS @ MD. KUDDUS Son of Late Md. Khalil Resident of Village - Hariya Bara Ward No. 7, P.S.- Araria (R.S.), Distt - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Section 392 of the Indian Penal Code. Informant has alleged that while he was returning from the jewelry shop with gold and cash, four persons on two motorcycles intercepted the tempo and snatched away the valuables. Informant had apprehension against driver of the tempo of having nexus with the other miscreants and on his apprehension, the tempo driver was arrested who disclosed the name of petitioner in said snatching.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. No T.I.P was conducted and nothing was recovered from the possession of petitioner. In the FIR the informant has described the

Patna High Court CR. MISC. No.1070 of 2020(2) dt.20-01-2020 2/2 miscreants as being of 25-30 age group, however, petitioner is 60 years old and is in custody since 18.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Araria (R.S.) P.S. Case No. 788 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T