Imteyaz @ Prem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6713 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- RAMPUR District- Gaya ====================================================== Imteyaz @ Prem, Son Of Md. Isteyak Ansari @ Kallu Mian, R/O VillageAliganj, Road No.-25, P.S.- Rampur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-07-2022 As prayed, learned counsel for the petitioner is permitted to make necessary correction in para 3 of the bail petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Rampur P.S. Case No. 258 of 2021 registered for the alleged offences under Sections 356 and 379 of the Indian Penal Code.

As per prosecution case, chain of the informant weighing 26 gms was snatched by unknown miscreants who

Patna High Court CR. MISC. No.6713 of 2022(3) dt.25-07-2022 2/3 fled away by motorcycle with his associate.

The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He is not named in the FIR and nothing incriminating has been recovered from his conscious possession. Learned counsel further submits that though the petitioner has been arrested on 18.08.2021, he has been remanded in this case only on 21.08.2021. This fact is apparent from the seizure list prepared for motorcycle on 18.08.2021 at 8:15 P.M in presence of the petitioner which was recovered from the house of one Manish Kumar. Charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner was found involved in the occurrence and his name came up during investigation. The petitioner is having criminal antecedent.

Having regard to the fact that charge-sheet has been submitted in this case and petitioner is in custody since 21.08.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 258 of 2021, subject to

Patna High Court CR. MISC. No.6713 of 2022(3) dt.25-07-2022 3/3 the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) The petitioner will not commit similar type of offences in future.

(v) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T