Shahid Akhatar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77672 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- SIMRA District- West Champaran ====================================================== Shahid Akhatar S/o Akhatar Hussain, R/o Vill.- M.J.K. Nagar, Uttarwari Pokhara Bettiah, P.S.- Bettiah (Town), District- West Champarn. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Semra P.S. Case No. 80 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant has alleged that while he was returning after collecting the cash on his motorcycle, four unknown miscreants boarded on two motorcycles, snatched away cash and other articles from his possession on the strength of arms. One of the looted mobile has been recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that same is a purchased mobile after on making payment

Patna High Court Cr.Misc. No.77672 of 2018(2) dt.02-01-2019 2/2 of Rs. 18,00/- to one Pankaj Mahto and thereafter police has got his statement recorded under Section 164 of Cr.P.C. before the court as a witness, however after 20 days he was also made coaccused in this case. Petitioner has no criminal antecedent and he is in custody since 29.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bagaha, West Champaran, in connection with Semra P.S. Case No. 80 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) veena/- U T