Sarik Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23138 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== SARIK AHMAD Son of Md. Shamim Ahmad Resident of Village/MohallaMillat Colony, Bhadauni, P.S.- Nawada, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Akbarpur P.S. Case No. 45 of 2020, registered for the offence punishable under Sections 419, 395 and 482 of the Indian Penal Code.

It is alleged that the truck of informant containing 140 katta of Paddy, was intercepted by the accused persons namely, Md. Saddam and this petitioner. Thereafter, this petitioner and other accused persons forcibly took the possession of truck and fled away. Later on, they were caught hold by the public and they handed over them to the police.

Patna High Court CR. MISC. No.23138 of 2020(2) dt.07-09-2020 2/2 It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. No incriminating article has been recovered from possession of this petitioner. Petitioner is in custody since 05.02.2020 having clean antecedent. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Nawada in connection with Akbarpur P.S. Case No. 45 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T