Md. Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24800 of 2016 Arising Out of PS.Case No. -481 Year- 2010 Thana -MADHEPURA District- MADHEPURA =========================================================== Md. Azad S/o- Late Md. Majeed. Resident of Villgae- Bhirkhi, Ward No. 26, P.S.- Madhepura, District- Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 07-06-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Madhepura P.S. Case No. 481 of 2010 dated 10.11.2010 corresponding to G.R. Case No. 1755 of 2010 instituted under Sections 414/34 of the Indian Penal Code. The allegation against the petitioner is of being party to theft of T.V. and Inverter.
Learned counsel for the petitioner submits that he is not named in the F.I.R. and only on the statement of two ladies who were arrested with T.V. and Inverter, he has been implicated and the role assigned to him is that he was also party to theft. It is submitted that the ground of rejection of bail by the Court below is that he was
Patna High Court Cr.Misc. No.24800 of 2016 dt.07-06-2016 2/3 named by the ladies who were arrested with the stolen articles and that he was absconding. It is submitted that the petitioner is neither named in the F.I.R. nor was involved in the crime and thus was not even aware as to whether his name had transpired during investigation. Learned counsel submits that the petitioner, being poor, is in custody since 19.03.2016 and the two ladies who were caught with the articles have been granted bail by the Court below itself and further that due to the present case, in the connected case being Madhepura P.S. Case No. 482 of 2010 dated 10.11.2010, he has been implicated and besides two cases there are no other cases against him. Learned A.P.P. opposes the prayer for bail.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, 1st Class, Madhepura in Madhepura P.S. Case No. 481 of 2010 corresponding to G.R. Case No. 1755 of 2010.
The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the
Patna High Court Cr.Misc. No.24800 of 2016 dt.07-06-2016 3/3 bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and failure to do so shall also lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.06.2016 Transmission Date 07.06.2016