Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.216 of 2019 Arising Out of PS. Case No.-485 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== Md. Chand, S/o Md. Javed, resident of Vil\age -Purani Bazar, Ward no.4, P.S.- Bakhtiyarpur, District -Patna at present Bihar Tailors, Patna Market, P.SPirbahore,Distt.-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sri Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Pirbahore P.S. Case No. 485 of 2018 registered for the offences punishable under Section 414/34 of the Indian Penal Code Informant who is police officer has alleged that on 06.08.2018 while he was on vehicle checking duty, apprehended petitioner along with stolen motorcycle and on demand did not produce paper of vehicle.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.216 of 2019(3) dt.31-01-2019 2/2 falsely implicated in this case due to high handedness of police. Petitioner is in custody since 28.08.2018.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage. However, petitioner after completion of six months in judicial custody be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Tanveer Kaur, learned Judicial Magistrate, 1st Class, Patna, in connection with Pirbahore P.S. Case No. 485 of 2018, with conditions:

(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 represented on each and every date fixed by the court.

(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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

With the aforesaid liberty this criminal miscellaneous stands disposed of.

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