Md. Khalekul @ Md. Khalikul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2363 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Khalekul @ Md. Khalikul, Son of Md. Salam, Resident of Village - Taralahi, P.S.- Bahadurpur, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Bahadurpur P.S. Case No. 153 of 2019 registered for the offence(s) punishable under Sections 414, 467, 468 and 34 of the Indian Penal Code. The prosecution case is that a Passion Pro motorcycle was recovered from the house of one Raj Kumar Yadav and on enquiry, woman present in the house of disclosed that the motorcycle was brought by one Md. Sarfraz and Golu Kumar. When police reached the house of Sarfraz and enquired about the stolen motorcycle, he disclosed that the motorcycle was stolen by Md. Saddam and this petitioner.

It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has been made accused in this case

Patna High Court CR. MISC. No.2363 of 2020(2) dt.26-02-2020 2/2 only on the confessional statement of co-accused Sarfraz and except that there is no specific allegation against the petitioner. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga in connection with Bahadurpur P.S. Case No. 153 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Ankit/- U T