Md. Arsad @ Mehtab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.14445 of 2021 Arising Out of PS. Case No.-542 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MD. ARSAD @ MEHTAB Son of Md. Mumtaz Resident of Village- ChhitBhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-06-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Muzaffarpur Town P.S. Case No. 542 of 2020 registered for the offences punishable under Sections 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per the prosecution story the informant got a secret information that the petitioner and other co-accused are going to steal motorcycle. The informant started vehicle checking and in course of checking a motorcycle boarded by two persons came and seeing the police

Patna High Court CR. MISC. No.14445 of 2021(2) dt.17-06-2021 2/3 party they started fleeing away but they were apprehended and the motorcycle was seized. They disclosed their names as Md. Taj and Md. Arsad (petitioner).

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner. Learned counsel submits that petitioner is in custody since 05.09.2020. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it transpires from the materials on the record that the petitioner was arrested with the motorcycle which was stolen one, the petitioner has remained in custody since 05.09.2020, investigation against him is complete but the trial is not likely to be concluded in near future, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 542 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the

Patna High Court CR. MISC. No.14445 of 2021(2) dt.17-06-2021 3/3 conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.