Md. Jawed Anwar @ Me. Jawed Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1308 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Jawed Anwar @ Me. Jawed Anwar, Son of Md. Nizamuddin, Resident of Village- Chouka Fatehpur, Police Station- Industrial Zero Mile, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 07.04.2016 in connection with Kotwali P.S. Case No. 104 of 2016 registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case is that the informant's motorcycle was stolen by some unknown miscreants while he was in the market place.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been falsely implicated and remanded in the

Patna High Court Cr.Misc. No.1308 of 2017 (2) dt.18-01-2017 2/2 present case, as he has been made accused in other cases. He submits that a separate case has been instituted for recovery of the motorcycle. It has also been submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Be that as it may, considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 104 of 2016, subject to the condition that petitioner will appear before the police/ Court as and when required and since he is also accused in similar nature of cases, in future, if he is found to have indulged in similar nature of offence, learned Court below will be at liberty to cancel his bail bonds without being prejudiced with this order.

(Nilu Agrawal, J.) Arjun/- U T