Md. Ajmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2097 of 2018 Arising Out of PS.Case No. -537 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Md. Ajmat, Son of Md. Murtuja, resident of Village- Fatehpur, P.S.- Muffasil (Singhaul O.P.), District- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.09.2017 in connection with Begusarai (Town) P.S. Case No. 537 of 2017 for the offences alleged under Sections 379, 414, 413 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion in connection with recovery of a Hero Honda Motorcycle bearing Registration No. BR 09F-2094 alleged to be stolen property. It is submitted that except suspicion, there is other material to connect the petitioner with the alleged occurrence as he was said to be simply standing near the said motorcycle. It is stated that the owner of the motorcycle one Sunil Singh has filed a petition before the Court of C.J.M., Begusarai

Patna High Court Cr.Misc. No.2097 of 2018 (2) dt.15-01-2018 (Annexure-2) according to which the motorcycle had been parked by him at the Begusarai Railway Station Stand and that the same was not involved in any crime. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai (Town) P.S. Case No. 537 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available day to day as and when so required and in case of failure, the State

Patna High Court Cr.Misc. No.2097 of 2018 (2) dt.15-01-2018 shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/- U T