Md. Jiayul Alam @ Md. Jiwaul Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.10596 of 2017 (2) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10596 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Jiayul Alam @ Md. Jiwaul Alam, Son of Md. Maksud Alam, resident of Mumtaz Mohalla P.S. Naugachia, District- Naugachia, Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kotwali P.S. Case No. 104 of 2016 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, the motorcycle of the informant was stolen away by some unknown miscreants while he was in the market. Submission is of false implication and that the petitioner is not named in the first information report, only on suspicion he has been remanded in this case as he has got criminal antecedent. The petitioner is a vegetable seller, there is no direct or indirect evidence against the petitioner, he is suffering in custody since 07.04.2016, co-accused Md. Javed Anwar has already been allowed bail vide Cr. Misc. No. 1308 of 2017 by another co-

Patna High Court Cr.Misc. No.10596 of 2017 (2) dt.21-03-2017 ordinate Bench of this Court and only it has come that the petitioner and others were seen in suspicious condition. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 104 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T