Md. Riyaz @ Md. Reyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31816 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- SARMERA District- Nalanda ====================================================== Md. Riyaz @ Md. Reyaj Son of Late Sahabuddin Resident of Village- Shah Nagar Haldi, P.S.- Manikpur (Surajgarha), District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sarmera P.S. Case No. 169 of 2020, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, four unknown persons, on the point of pistol, looted Bolero vehicle from the driver of the informant.

Petitioner is not named in the FIR. Name of the petitioner transpired during course of investigation only on suspicion. The looted vehicle has not been recovered from the possession of petitioner. Till date, petitioner has not been put on T.I.Parade and he is in custody since 28.09.2020. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.31816 of 2021(2) dt.27-08-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 169 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T