Kaleem @ Md. Kaleem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12420 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- BHIMPUR District- Supaul ====================================================== KALEEM @ MD. KALEEM S/o Md. Rojit Resident of Village Bardaha, Ward No.-06, P.S.- Narpatganj, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Bhimpur P.S. Case No. 49 of 2021 for the offence punishable under Section 392 of the Indian Penal Code.

As per the allegation made in the F.I.R., on the gun point, three unknown miscreants robbed the red coloured Apache motorcycle and a Samsung mobile phone of the informant near Lalit gram out post.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.12420 of 2022(2) dt.13-06-2022 2/3 implicated in the present case. He further submits that petitioner is not named in the F.I.R. Till date petitioner has not been put on T.I.P. No recovery has been made either from his conscious possession or from his house. Charge sheet has already been submitted. Petitioner is in custody since 17.07.2021. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Considering the nature of allegation made in the F.I.R., it appears that petitioner is not named in the F.I.R., till date he has not been put on T.I.P., nothing has been recovered from conscious possession of the petitioner or from his house and he is in custody since 17.07.2021, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate-I, Supaul in connection with Bhimpur P.S. Case No. 49 of 2021, subject to the following 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

Patna High Court CR. MISC. No.12420 of 2022(2) dt.13-06-2022 3/3 properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T