Md. Aziz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3006 of 2020 Arising Out of PS. Case No.-332 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MD. AZIZ Son of Late Safique Resident of Village - Raham Khan, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Laheriasarai P.S. Case No. 332 of 2019 registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner being tempo driver is in custody since 7.09.2019 and no stolen article has been recovered from his possession. Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the stolen articles have not been recovered from the possession of this petitioner and that he is the tempo driver and

Patna High Court CR. MISC. No.3006 of 2020(2) dt.18-01-2020 2/2 is in custody since 07.09.2019, let the petitioner above named be released on bail in connection with Laheriasarai P.S. Case No. 332 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, 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 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.

(Rajeev Ranjan Prasad, J) avin/- U T