Md. Rabiul Islam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78529 of 2018 Arising Out of PS. Case No.-546 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Md. Rabiul Islam son of Md. Janu Sheikh @ Jinu Sheikh Resident of Amanat Diara, Police Station- Udhwa, District-Sahebganj Jharkhand. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Zeyaul Hoda, Advocate For the Opposite Party/s :
Mr.Sri Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Kanti P.S. Case No. 546 of 2018 registered for the offences punishable under Sections 414/34 of the Indian Penal Code.
Allegation against petitioner is that he was apprehended while he was sitting in a stolen Bolero. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. He was not aware that vehicle in which he was sitting is an stolen vehicle. He has no criminal antecedent and is in custody since 09.09.2018.
Patna High Court Cr.Misc. No.78529 of 2018(2) dt.24-01-2019 2/2 Considering the aforesaid fact 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 S.D.J.M., West Muzaffarpur, in connection with Kanti P.S. Case No. 546 of 2018, subject to conditions:
(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(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) Rajiv/- U T