Mohd. Irshad @ Mohd. Ishaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17164 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== MOHD. IRSHAD @ MOHD. ISHAQUE S/o Sabbir Alam @ Mohd. Safiq @ Safiq Resident of Village- Jiwachhpur, Ward No.05 (Banmankhi), P.S.- Banmankhi, Distt- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2020 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 406 and 420/34 of the Indian Penal Code.

Petitioner and co-accused Paplesh Kumar were found in possession of different ATM cards and allegation is that they were to withdraw money from ATM machines.

Submission is that co-accused Paplesh Kumar has already been allowed bail by this Court and petitioner is in custody since 11.01.2020. Investigation of the case is already complete. Petitioner has got one criminal antecedent. Petitioner has filed supplementary affidavit which is not consistent with the order dated 02.09.2020 whereby the

Patna High Court CR. MISC. No.17164 of 2020(6) dt.02-11-2020 2/2 petitioner was asked to disclose as to under what circumstances recovered ATM cards were with the petitioner. Petitioner has not replied anything about that, however considering the period already undergone and completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Singheshwar P.S. Case No. 10 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T