Md. Kyum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26414 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- JALALGARH District- Purnia ====================================================== Md. Kyum, aged about 32 years, Male, Son of Md. Safir, Resident of Village - Madheli, P.S.- Jalalgarh, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate For the State :

Ms. Reena Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Jalalgarh P.S. Case No. 131 of 2019 registered for the offences punishable under Sections 414 of the Indian Penal Code.

The prosecution case, in brief, is tahton 08.10.2019, informant Md. Gulfaraj with his friend Suraj Kumar Sah on his father's motorcycle having Registration No.BR 11R-3365 had gone to visit Durga Puja Mela. After parking the motorcycle near tempo, he went Mela. Informant and his friend came back there then they did not find motorcycle there. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the stolen motorcycle has been recovered

Patna High Court CR. MISC. No.26414 of 2020(3) dt.03-12-2020 2/3 from the back side of the house of the petitioner. Petitioner is not named in the F.I.R. Learned counsel for the petitioner further submits that on the basis of confessional statement, the petitioner has been made accused in the present case. He further submits that the petitioner is in jail custody since 24.10.2019. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia in connection with Jalalgarh P.S. Case No. 132 of 2019, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.26414 of 2020(3) dt.03-12-2020 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T