Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12206 of 2021 Arising Out of PS. Case No.-365 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Md. Raju aged about 25 years, Male, S/O Md. Islam R/O Village-Sahpur Junair (Shahpur Tutair), P.S-Sakra, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

28-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Town P.S. Case No. 365 of 2018, G.R. No 2475 of 2018, registered for the offence under Sections 457, 379 and 511 of the Indian Penal Code. As per the prosecution case, petitioner was arrested on spot while attempting to commit theft.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. None of the witness has seen this petitioner committing house trespass or theft, as it appears from the material on record. Petitioner has got clean antecedent and he is in custody since 21.05.2018 Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.12206 of 2021(2) dt.28-06-2021 2/2 Considering the aforesaid facts & circumstances as well as material on record and period of custody of petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned J.M. 1st Class, Muzaffarpur in connection with Town P.S. Case No. 365 of 2018, G.R. No. 2475 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his 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.) anay U T