Haroon Alam @ Haroon Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24508 of 2022 Arising Out of PS. Case No.-237 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Haroon Alam @ Haroon Mian S/o Rozdin Mian @ Rojdin Miya R/o villageTuniya Bishunpur, P.S.- Bettiah Muffasil (Manuapul), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 237 of 2019 lodged under Sections 413, 414/34 of the I.P.C.

As per the prosecution case, the co-accused Khushi Alam has disclosed that the petitioner has purchased theft motorcycle which has been caught by police. Specifically, upon his information, the other theft motorcycle was also recovered. Learned counsel for the petitioner submits that in the F.I.R., there is nothing incriminating against the present

Patna High Court CR. MISC. No.24508 of 2022(3) dt.03-11-2022 2/3 petitioner. He also submits that recovery was not made from his house. Learned counsel for the petitioner further submits that he is in custody since 22.02.2022, charge sheet has already been filed in this case. There is one criminal case pending against the petitioner in which he is on bail.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 237 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.24508 of 2022(3) dt.03-11-2022 3/3 file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T