Mahmud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78349 of 2018 Arising Out of PS. Case No.-229 Year-2017 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Mahmud Alam S/o Late Fakhruddin @ Umar Khatun R/o Ayub Nagar, Sabnima, P.S. Athamalgola, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in G.R.P. Bakhtiarpur P.S. Case No. 229 of 2017 registered for the offence punishable under Section 392 of the Indian Penal Code and charge-sheet submitted under Sections 395/412 of the Indian Penal Code. Informant has alleged in his written complaint that while he and another were travelling on a passenger train three young miscreants looted their cash and mobile and fled away. Informant has also given the physical description of the miscreant from which it is apparent that they were youngsters aged about 18-22 years.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only

Patna High Court Cr.Misc. No.78349 of 2018(3) dt.01-02-2019 2/2 on the basis that one of the looted mobile was being used by him after putting his SIM card in the said mobile. It has been submitted that the said mobile was found by the petitioner thrown on the road near the village and thereafter he started using it. Petitioner has got no criminal antecedent and is in custody since 28.08.2018.

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., Railway, Patna, District- Patna, in connection with G.R.P. Bakhtiarpur P.S. Case No. 229 of 2017, 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/her absence on two consecutive dates without sufficient reason, his/her 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) ranjan/manojU T