Shahjad Alam @ Bhodi Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26321 of 2022 Arising Out of PS. Case No.-431 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== Shahjad Alam @ Bhodi Miyan Son Of Md. Liyaquat Ali @ Liyakat Ali Resident Of Village- Kakarhat, P.S- Dherni, Dist- Saran At Chapra ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in judicial custody in connection with Dariyapur P.S. Case No. 431 of 2021 under section 392 of the Indian Penal Code.

As per the allegation in the FIR, the informant, the Manager of the Aditya Petrol Pump, Ibrahimpur, Dariyapur alleged that when he along with another employee were going to deposit Rs. 6,34,000/- in the Central Bank of India, the accused persons on a motorcycle overtook them and on the point of pistol and knife snatched the aforesaid amount as also the laptop. Later they fled away from the place of occurrence.

Patna High Court CR. MISC. No.26321 of 2022(2) dt.12-08-2022 2/3 Learned counsel for the petitioner submits that he is innocent and his name has come in the confessional statement of accused Ritu Kumar and although the police shows recovery of Rs. 30,000/- from his possession subsequent to the said confessional statement and his arrest, no TIP has been done and the petitioner is in custody since 16.1.2022 (as stated in para-1 of the bail application).

Considering the fact that although the police has shown recovery of Rs. 30,000/- from his house, no TIP has been done, the charge-sheet stands submitted and he is in custody since 16.1.2022, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-XIIIth, Saran at Chapra, in connection with Dariyapur P.S. Case No. 431 of 2021after framing of charges with further conditions :

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of

Patna High Court CR. MISC. No.26321 of 2022(2) dt.12-08-2022 3/3 bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T