Md. Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17048 of 2019 Arising Out of PS. Case No.-407 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== MD. BABAR, aged about 24 years, (M) Son of Nammu Mian Resident of Mohalla - Lodikatra, (Near Gandhi School), P.S.- Jhauganj Nagla, P.S.- Khajekalan, Distt - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 379 of the Indian Penal Code.

Informant has alleged that on 01.11.2018 he had parked his motorcycle near his house, however, in the morning he found that his motorcycle has been stolen by unidentified thieves.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is not named in the FIR. Name of the petitioner has surfaced

Patna High Court CR. MISC. No.17048 of 2019(2) dt.02-04-2019 2/3 in this case on the information given by the spy that petitioner is also one of the culprits involved in stealing motorcycle. However, the motorcycle has not been recovered. Petitioner has confessed his guilt. Petitioner has got no criminal antecedent and is in custody since 11.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Khajekalan P.S. Case No. 407 of 2018, with following condition:- (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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.17048 of 2019(2) dt.02-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U