Md Meraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37897 of 2021 Arising Out of PS. Case No.-26 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Md Meraj, S/O Abdul Bahav, R/O Village - Pakri Bazar, P.S.- Manjhi, District - Saran at Chapra. At present Address - Hajipur Pokhra Mohalla, P.S. - Hajipur, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Chapra Town P.S. Case No.26 of 2019 registered for the offence punishable under Sections 392 and 412 of the Indian Penal Code.

The allegation against the petitioner along with other co-accused is of snatching the keys on gunpoint and of taking away the Scorpio vehicle of the informant.

Petitioner's counsel submits that on the disclosure of co-accused Vishal Kumar, the petitioner has been implicated. Vishal Kumar has been allowed bail in Cr.Misc. No.28911 of 2019. Other similarly situated co-accused, namely, Amarjit

Patna High Court CR. MISC. No.37897 of 2021(2) dt.13-12-2021 2/3 Singh @ Kaju, has been allowed bail in Cr.Misc. No.26942 of 2020. There is no recovery from the petitioner and it is submitted that the petitioner bears a clean past and is in custody since 23.03.2021. Till date, T.I.P has not been held. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No.26 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.37897 of 2021(2) dt.13-12-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T