Moyen Ali @ Moyen Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22808 of 2020 Arising Out of PS. Case No.-440 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== MOYEN ALI @ MOYEN AHMAD Son of Shah Alam Resident of VillageDuldulia, Police Station-Manjhagarh, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.A.G (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 414, 411/34 of the Indian Penal Code.

Allegation is recovery of one stolen motorcycle from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case at the instance of his enemies. Petitioner is not named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused Roshan Ali and except the said

Patna High Court CR. MISC. No.22808 of 2020(2) dt.10-09-2020 2/3 confessional statement, there is no any other incriminating material against the petitioner. Similarly placed co-accused Meraj Khan has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. Petitioner has no criminal antecedent and he is in custody since 09.09.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gopalganj Town P.S. Case No. 440 of 2019, 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 evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.22808 of 2020(2) dt.10-09-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T