Md. Jaweed @ Lali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22174 of 2020 Arising Out of PS. Case No.-35 Year-2019 Thana- PAHARKATTA District- Kishanganj ====================================================== MD. JAWEED @ LALI Son of Md. Yusuf Resident of Village - Gunjaria, P.S.- Islampur, District - Noth Dinajpur, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2020 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. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. Prosecution case, in short, is that two unknown miscreants entered into the room of the informant and took

Patna High Court CR. MISC. No.22174 of 2020(2) dt.04-09-2020 2/3 away Rs.13,000/- which was kept below the pillow and fled away with the tractor and motorcycle which was parked in the campus of chimney.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2020. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case on confessional statement of coaccused. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. There is no recovery of any looted articles from the possession of the petitioner. On behalf of the State, it is 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 J.M.I, Kishanganj in connection with Paharkatta P.S. case No.35 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.22174 of 2020(2) dt.04-09-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T