Md. Aryan @ Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10578 of 2019 Arising Out of PS. Case No.-540 Year-2018 Thana- BANKA District- Banka ====================================================== MD. ARYAN @ AMAN, aged about 20 years (M), Son of- Sattar, Resident of village - Barahat, P.S.-Barhat, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Banka (Barahat) P.S. Case No. 540 of 2018 registered for the offences punishable under Sections 414 of the Indian Penal Code.

Informant has alleged that he received a secret information that some person are present on Harihar Choudhary High School having stolen motorcycle upon which he went there and recovered four motorcycles of different company from the possession petitioner and other three co-accused persons.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.10578 of 2019(2) dt.25-02-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case merely on the basis of suspicion. Nothing has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 09.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above 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 learned C.J.M., Banka, in connection with Banka (Barahat) P.S. Case No. 540 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court Cr.Misc. No.10578 of 2019(2) dt.25-02-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T