Neyaz Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24496 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- GOPALPUR District- Patna ====================================================== NEYAZ MOHAMMAD Son of Abdul Rahim Resident of village - Umra, P.S.- Nagina Town, and Distt.- Nuhu, Haryana. ... ... Petitioner/

Versus

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

For the Petitioner/s :

Mr.Dayanand Singh, Advocate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Gopalpur P.S. Case No. 25 of 2021 registered for the offences punishable under Section 379 of the Indian Penal Code.

The informant in his written report states that at the time of alleged occurrence petitioner was driver of the company and he was assigned the duty of transporting the goods from Kolkata to Patna Office of the company but petitioner stole the goods of the company.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24496 of 2021(2) dt.17-11-2021 2/3 petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel further submits that he is working as a driver and he has no concern in loading and unloading of the goods. Petitioner has got no criminal antecedent and he is in custody since 20.01.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Patna in connection with Gopalpur P.S. Case No. 25 of 2021, subject to the following conditions:-

1. Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

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 the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.24496 of 2021(2) dt.17-11-2021 3/3 bond shall be cancelled by the Court below.

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

(Rajesh Kumar Verma, J) shahzad/- U T