Samir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26480 of 2021 Arising Out of PS. Case No.-695 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== SAMIR ALAM SON OF MUSTAKIM SHEIKH R/O VILLAGESADAKIYA TOLA, P.S- BALTHAR, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 413, 414, 420, 468, 467, 471, 120B of the Indian Penal Code.

As per the prosecution case, two Bolero vehicles were being used on the basis of one and same registration No. bearing registration No. BR22P-8217 and in course of inquiry it was detected that petitioner in collusion with co-accused, Pramod Yadav, and the staff of D.T.O. office prepared forged document by using registration No. of vehicle of one Neyaz Alam and on the basis of which petitioner was running stolen vehicle and on physical verification engine No. and Chasis No. of said Bolero

Patna High Court CR. MISC. No.26480 of 2021(2) dt.30-07-2021 2/3 vehicle was found to be scratched.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The petitioner was bonafide purchaser of the vehicle from Pramod Yadav and he had no knowledge that the vehicle was stolen one. Petitioner claims clean antecedent and is in custody since 21.10.2020 .

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah (T) (Kalibagh O.P.) PS case No. 695/2020 on the following conditions:-

(1) 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/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.26480 of 2021(2) dt.30-07-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T