Juber Shekh @ Zobair Seikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8373 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- DEODHA District- Madhubani ====================================================== JUBER SHEKH @ ZOBAIR SEIKH Son of Biltu Shekh Miya Resident of Village- Yadukoha, P.S.- Yadukoha, District- Dhanusa (Nepal) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.10.2018 in connection with Deodha P.S. Case No. 124 of 2018(CRI Case No. 2130 of 2018) for offences punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had gone to the medical shop in his motorcycle and left the motorcycle on the road, three persons on a motorcycle tried to flee away with his motorcycle. One person(petitioner) was forcefully grounded, who revealed the name of two other co-accused.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.8373 of 2019(2) dt.14-02-2019 2/3 been falsely implicated in the aforesaid case. It is submitted that nothing has been recovered from the conscious possession of the petitioner and the stolen motorcycle has been recovered from one Ranjit Pokhar. It is further submitted that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught redhanded while fleeing away with the motorcycle. Considering the nature of allegation and the materials on record, let petitioner, above named, be enlarged 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 Addl. Chief Judicial Magistrate-IV, Madhubani, in connection with Deodha P.S. Case No. 124 of 2018(CRI Case No. 2130 of 2018), subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court Cr.Misc. No.8373 of 2019(2) dt.14-02-2019 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T