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Patna High CourtCR. MISC./3029/2023allowed

Md. Shohrab Alam @ Md. Sohrab Alam v. The State Of Bihar

2023-04-06Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3029 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== MD. SHOHRAB ALAM @ MD. SOHRAB ALAM Son of Hasmudin Ansari R/v- Suryapur, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Pipra Kothi P.S. Case No. 111 of 2022, registered for the offences punishable under Section 394 of the Indian Penal Code. As per allegation, three unknown criminals intercepted the motorcycle of the informant and looted Rs. 1,12,675/- from possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case, only on the basis of confessional statement in another case. The petitioner was not put on TIP. Nothing was recovered from his possession. He is under custody since 22.07.2022. On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is also involved in two cases.

Patna High Court CR. MISC. No.3029 of 2023(2) dt.06-04-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran Motihari in connection with Pipra Kothi P.S. Case No. 111 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner. (ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Nirmal/Kundan U T