Md. Naseem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44225 of 2017 Arising Out of PS.Case No. -373 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Md. Naseem, Son of Late Md. Ali Hassan, Resident of Village- Bela Punarwas Ward no. 15, P.S.- Supaul, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Supaul P.S. Case No. 373 of 2017 for offences punishable under Sections 420, 467, 468, 414, 120B and 34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on information that a stolen motorcycle is in the house of the petitioner, the house of the petitioner was raided and the stolen motorcycle was seized and the petitioner was apprehended while he was trying to flee away. The petitioner disclosed that he had purchased the said motorcycle from another co-accused Md. Halchal and a fake license was

Patna High Court Cr.Misc. No.44225 of 2017 (3) dt.18-10-2017 2/3 made by other co-accused.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has not indulged in theft of motorcycle but had purchased the said motorcycle. He submits that he is in custody since 01.07.2017 and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 373 of 2017, subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (2) If the petitioner indulges in an offence of

Patna High Court Cr.Misc. No.44225 of 2017 (3) dt.18-10-2017 3/3 similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T