Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34919 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Md. Azad Son of Late Md. Majeed Resident of Village - Bhirkhi, Ward No. 26, P.S. and District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Madhepura P.S. Case No. 170 of 2020, registered for the offence under Section 379, 461 of the Indian Penal Code.

As per the prosecution case, in the night of 27.02.2020, some unknown miscreants committed theft in the shop of the informant.

Petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from the possession of the petitioner. Petitioner has been made accused in this case only on the basis of his confession made before the police in connection with Madhepura P.S. Case No. 904 of 2020. Till date, petitioner has not been put on TIP. Petitioner is in custody

Patna High Court CR. MISC. No.34919 of 2021(2) dt.07-09-2021 2/2 since 19.01.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Madhepura P.S. Case No. 170 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T