Patna High CourtCR. MISC./4262/2020bail granted

Md. Rahbar @ Rahbar v. The State Of Bihar

2020-01-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4262 of 2020 Arising Out of PS. Case No.-519 Year-2018 Thana- ARARIA District- Araria ====================================================== Md. Rahbar @ Rahbar Son of Late Gayas Resident of Village- Gaiyari, P.S.- Araria, District- Araria ... Petitioner

Versus

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

For the Petitioner :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party :

Asha Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

Petitioner is accused in a case registered for the offence punishable under section 379 of the Indian Penal Code. It is alleged that some unknown miscreants took away the motorcycle of the informant by breaking its lock while he was participating in a marriage function.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and save and except the self confessional statement of the petitioner, nothing has come against him in course of investigation. There is no recovery from the petitioner. He has not been put on Test Identification Parade till date. Petitioner is in custody since 19.7.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Judicial Magistrate 1st class Araria in Araria Police Station Case No. 519/2018, on the

Patna High Court CR. MISC. No.4262 of 2020(2) dt.23-01-2020 2/2 following conditions:-

(1) Petitioner shall co-operate 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 this 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) Shashi U T