Md. Guddu @ Md. Guddu Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2798 of 2017 Arising Out of PS.Case No. -1238 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Md. Guddu @ Md. Guddu Miya, S/o Md. Somaru, Resident of MohallaFaruk Ganj (Sarai Road) Sulemanganj, P.S.- Sasaram, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the parties.
This application has been filed in connection with Sasaram (T) P.S.Case No.1238 of 2016 for the offence under Sections 379 and 414 of the Indian Penal Code.
It is submitted on behalf of the petitioner that at the instance of co-accused, Sonu Kumar, a Motorcycle was recovered from the possession of the house of the petitioner. As a matter of fact, he had purchased the said Motorcycle from Sonu Kumar, who had assured him to provide the documents afterwards. The petitioner is in custody for about three months and he has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides. In view of the fact that the
Patna High Court Cr.Misc. No.2798 of 2017 (2) dt.09-02-2017 2/2 petitioner is in custody for about three months and he has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas at Sasaram in connection with Sasaram (T) P.S.Case No.1238 of 2016 With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U