Md. Gulam @ Babuwa Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43053 of 2014 Arising Out of PS.Case No. -353 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Gulam @ Babuwa Mian, son of Late Majid, Resident of Village-Lal Bagh, Chhoti Line, Jhhopar Patti, P.S. Tilkamanjhi, District-Bhagalpur. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Aditya Nr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-01-2015 .Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is in custody since 27. 06. 2014 in a case registered for the offence punishable under Sections 457, 380 and 411 of the Indian Penal Code.

It is submitted that F.I.R. was lodged against unknown. During investigation name of the petitioner has appeared and it has been alleged that petitioner has made confession before the police. However, stolen motorcycle has been recovered from the possession of the petitioner which is not stolen motorcycle and it is his own motorcycle. It is further submitted that in similar facts and circumstances of the case, one of the co-accused, namely, Arun Prasad has been granted bail by this Court vide Cr. Misc. No. 33895 of 2014 and the case of the petitioner is on similar

Patna High Court Cr.Misc. No.43053 of 2014 (3) dt.22-01-2015 footing Learned counsel for the State has submitted that petitioner has criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 353 of 2014 after framing of the charge with the following conditions :- 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dated or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) m.p.

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