Md. Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31852 of 2021 Arising Out of PS. Case No.-12 Year-2020 Thana- KATHAIYA District- Muzaffarpur ====================================================== MD. MUMTAZ Son of Mujrif @ Muzrif Resident of Village - Deoriya Sedha, P.S.- Deoriya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, two miscreants riding on a motor cycle intercepted the informant and his nephew and snatched the bag containing a sum of Rs. 80,000/- etc. and fled away.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner is not named in the FIR and name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Raushan Kumar. No incriminating article has been recovered from the conscious possession of the petitioner and till date the petitioner has not been put on Test Identification. Petitioner is in custody since 31.10.2020 and charge sheet has already been submitted in this case.

Patna High Court CR. MISC. No.31852 of 2021(2) dt.27-08-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, West, Muzaffarpur in connection with Kathiya PS case No. 12/2020 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T