Mahmud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43538 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Mahmud Alam, Son of Nazir Ahmad, Resident of Village-Sutara, P.S.- Katghora, District-Korba, Chhattisgarh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 121 of 2017, registered for offences punishable under Sections 195, 406, 420 and 120 of the Indian Penal Code.

Prosecution case is that co-accused of this case, who is driver of the truck has lodged a e case for loot of his truck, which was carrying spices and stanching away of Rs. 6,000/- from him, however, during the investigation, the said story of the driver was found false and thus a case against driver and others was lodged. It has been submitted on behalf of the petitioner that he happens to be the owner of the truck and has nothing to do with the alleged occurrence. His name has been disclosed by the driver of the truck. Further he has no criminal antecedent and has been in

judicial custody since 26.05.2017.

Heard learned A.P.P. also. He has opposed the prayer for bail and submitted that CDR details shows that the truck has not reached the Ambikapur.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner is owner of the truck and he has been named by the co-accused of this case, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No. 121 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event

of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T