Md. Gaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21144 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- LADANIA District- Madhubani ====================================================== MD. GAFFAR Son of Md. Hasim @ Hasin Resident of Village- Khajauli, P.S.- Khajauli, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-11-2021 Heard learned counsel appearing on behalf of the petitioner, Shri Ravi Prakash and learned APP Shri Ajit Kumar appearing on behalf of the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner seeks regular bail in connection with Ladaniya P.S. Case No. 06 of 2020 dated 14.01.2020 registered for offences punishable under Section 379/34 of the Indian Penal Code.

The prosecution case in brief is that while the informant was returning from the house of one Delip Yadav located in village Khutauna, he parked his motorcycle and went for urination. It has further been alleged that five accused persons took away the motorcycle in which Redmi Mobile

Patna High Court CR. MISC. No.21144 of 2021(2) dt.16-11-2021 2/3 containing SIM No. 931556538 and 9572270611 were stolen. Learned counsel appearing on behalf of the petitioner submitted that FIR has been lodged against unknown persons and he is languishing in judicial custody since 20.02.2020 and he has not yet been put on T.I.P. He further submitted that another co-accused Md. Gulab Ansari whose name also do not appear in the F.I.R has already been released on bail vide order dated 08.02.2021 passed in Cr. Misc. No. 38687 of 2020. Learned A.P.P., however, opposes the prayer for bail. Considering the facts and circumstances of the case, petitioner having no criminal antecedent, from the perusal of the F.I.R and another co-accused whose name also do not appear in the F.I.

R has already been granted bail, I am of the opinion that the petitioner, above named, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Madhubani in connection with Ladaniya P.S. Case No. 06 of 2020 subject to the following conditions: (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the Court below shall be at liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.21144 of 2021(2) dt.16-11-2021 3/3 jurisdiction of the learned Court below.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Purnendu Singh, J) Niraj/- U T