Md. Bouku @ Md. Irshad @ Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8761 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== Md. Bouku @ Md. Irshad @ Irshad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, in short, is that on 05.04.2021, informant was going to deliver battery and inverter to the shopkeeper at Bihariganj by a four wheeler and when he reached near a pond, he was intercepted by two miscreants and on the point of gun, they snatched cheque of Rs. 1,30,000/-, Rs. 20,000/- cash and mobile phone from the informant. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8761 of 2022(2) dt.13-07-2022 2/3 petitioner is innocent and he has falsely been implicated in this case. No incriminating articles have been recovered from the possession of the petitioner. Till date, no Test Identification Parade (T.I.P) has been held. It is further submitted that the petitioner has been remanded in this case on 18.08.2021 from Bihariganj P.S. Case No. 98 of 2021.

Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Bihariganj P.S. Case No. 77 of 2021, subject to the following conditions:-

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

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

Patna High Court CR. MISC. No.8761 of 2022(2) dt.13-07-2022 3/3

(3) 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.

(Khatim Reza, J) annpurna/- U T