Harun @ Md. Harun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19773 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- JOKIHAT District- Araria ====================================================== HARUN @ MD. HARUN son of Late Nazir, Resident of Village- Kujri, Police Station- Palasi, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 399, 402, and 414 of the Indian Penal Code.

Informant who is a police officer in his written report has alleged that on 28.10.2018 at about 4:00 pm he received confidential information that some of the criminals have assembled and when the police party reached there, they started fleeing away but two of them were apprehended who disclosed their name as Md. Harun (petitioner) and other as Md. Taslim @ Shabir and also named three other who managed to escape and from their possession two motorcycles were

Patna High Court CR. MISC. No.19773 of 2019(2) dt.02-04-2019 2/3 recovered, which has been alleged to be stolen one. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner and the stolen motorcycle seized was not stolen one. Petitioner is in custody since 29.10.2018.

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 Jokihat P.S. Case No. 330 of 2018, with following conditions:- (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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.19773 of 2019(2) dt.02-04-2019 3/3

(3) If the petitioner tampers with the 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) ranjan/- U