Md. Piyaru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78880 of 2018 Arising Out of PS. Case No.-112 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Piyaru Son of Late Pappu @ Ali Resident of Village -Bhatwabari, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Tatarpur (Vishwa Vidyalaya) P.S. Case No. 112 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant has alleged in his written complaint that when he was going to railway station, two miscreants surrounded him and thereafter on strength of knife snatched his mobile and Rs.7,600/-.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of confessional statement of co-accused, Md. Jashim. He is not named in FIR. No stolen articles has been recovered from the possession of the petitioner or from his house. He has

Patna High Court Cr.Misc. No.78880 of 2018(3) dt.22-02-2019 2/3 not been put no Test Identification Parade. It has been further submitted that similarly placed co-accused, Md. Altaf Quaraishi, has been granted bail by co-ordinate Bench of this Court vide order dated 04.02.2019 passed in Cr. Misc. No. 5683 of 2019. Petitioner has got no criminal antecedent and is in custody since 10.06.2018.

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/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VII, Bhagalpur, in connection with Tatarpur (University) P.S. Case No. 112 of 2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.78880 of 2018(3) dt.22-02-2019 3/3 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) manoj/- U T