Md. Sahjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18690 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MD. SAHJAD SON OF MD. HABIB RESIDENT OF VILLAGE- BARA GOVIND, P.S CHAKIYA, DIST- MOTIHARI (EAST CHAMPARAN) ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mrs. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for deposition the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioner seeks bail in Sahebganj P.S.Case No. 137 of 2020 instituted for the offence under section 392 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the allegation in the F.I.R is that three unknown person have intercepted the informant and took away his motorcycle, mobile

Patna High Court CR. MISC. No.18690 of 2021(2) dt.03-11-2021 2/3 phone , Wallet, ATM Case and cash etc.

It is submitted that the petitioner has been remanded in this case upon his arrest and on confessional statement of Md. Hifazat recorded in Baruraj P.S.Case No. 49 of 2020. Petitioner is in custody since 25.06.2020. Petitioner has already been granted bail in Baruraj P.S.Case 49 of 2020 and Baruraj P.S.Case No.48 of 2020 which has been mentioned in Paragraph 3 of the petition. Till date no T.I.P has been conducted and there is no recovery of any incriminating material from the petitioner possession.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purpose of grant of bail, is inclined to accept the submissions advances by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 the learned Addition Chief Judicial Magistrate,1st West Muzaffarpur , in connection with Sahebganj P.S.Case No. 137 of 2020, subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.18690 of 2021(2) dt.03-11-2021 3/3 how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) N.K/- U T