Md. Gulzar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16750 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== MD. GULZAR, Male, aged about 30 years, Son of Mojibul Rahman @ Md. Majibul, Resident of Village - Naspatti @ Nathpatti, P.S.- Ladaniya, Distt.- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shailendra Kumar Jha, Advocate.

For the Opposite Party :

Mr.Nityanand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 379, 401 and 413/34 of the I.P.C. The prosecution story, in brief, is that on 27.06.2019 at about 2.30 P.M., the informant went to the house of one Santosh Mahto to meet with him after parking his Motorcycle

Patna High Court CR. MISC. No.16750 of 2020(3) dt.03-09-2020 2/3 bearing Engine No. HA 10 AGHHJ 60004 and Chassis No. MBLHARO711HHJ54599 in front of his house. When he returned, he found that his Motorcycle was missing. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 24.09.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. There is no recovery of any theft article from the possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of the learned C.J.M., Madhubani, in connection with Madhubani Town P.S. Case No. 230 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with

Patna High Court CR. MISC. No.16750 of 2020(3) dt.03-09-2020 3/3 two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T