Guddu Ali @ Chand Sahjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22817 of 2020 Arising Out of PS. Case No.-67 Year-2016 Thana- MURAR District- Buxar ====================================================== GUDDU ALI @ CHAND SAHJAD S/o Roja Ali Resident of VillageNawanagar, P.S.- Nawanagar, Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the State :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code. Allegation against three unknown miscreants is to have looted away the American Tourister bag containing a purse with Rs.700/- cash and a bag containing Rs.13000/-, ATM Card, Driving Licence, mobile phone, etc. and motorcycle of the informant on the strength of arms.

It has been submitted that petitioner is innocent and has falsely been implicated in this case. It is further submitted that no stolen articles has been recovered from the possession of the petitioner. Although informant has stated in FIR that he can recognize the culprit still no T.I.P. was conducted. Petitioner has

Patna High Court CR. MISC. No.22817 of 2020(3) dt.11-11-2020 2/2 been implicated in this case on the basis of statement made by co-accused that he has purchased the looted mobile from the petitioner. Petitioner is in custody since 06.02.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount in connection with Murar P.S. Case No.67 of 2016 / GR No.2487/16 to the satisfaction of learned court below where the case is pending, subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) Sanjay/- U