Firdos @ Md Firdos v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32374 of 2021 Arising Out of PS. Case No.-433 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== FIRDOS @ MD FIRDOS S/o Md. Aslam R/o village- Akhtiyarpur, P.S.- Sarsi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection K. Hat P.S. Case no. 433 of 2020 registered for the offence punishable under section 401, 411, 413 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 22.08.2020 and is persons with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on 21.08.2020 while he was on routine patrolling with other police personnel at about 2045 and when they reached near Purnea college gate chowk and saw a bike rider turning the motorcycle in panic and on account of suspicion, he was caught and later it was found that said bike was stolen one. He further confessed that he is member of gang and other

Patna High Court CR. MISC. No.32374 of 2021(2) dt.26-11-2021 2/2 co-accused are near airport based on which other five persons were also apprehended. Learned counsel for the petitioner further submits that petitioner has been falsely implicated in this case only he has given confessional statement and he is in custody and is person with clean antecedent and as such he can not be a member of gang which committed theft of motorcycles etc.

Learned APP opposed the prayer for bail.

Considering the facts that petitioner is in jail custody since 22.08.2020 and charge sheet has been submitted and is person with clean antecedent, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in K. Hat P.S. Case no. 433 of 2020 with condition that one of the bailers would be his father and when trial commences and petitioner fails to appear on two consecutive dates, the learned court below shall proceed to cancel his bail bond. (Satyavrat Verma, J) s.hassan/- U T