Md. Rahmat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11373 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Md. Rahmat Ali S/o Akbar Ali resident of Village- Rasulpur Fatah, P.S.- Goraul (Kathara O.P.) District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 413 and 414 of the I.P.C Allegedly, acting on a tip off the petitioner was caught after chase with the motorcycle without the number plate and he also disclosed that another motorcycle bearing registration no. BR06X- 6340 was given to Sikandar.

Submission is of false implication and that the petitioner is in custody since 05.01.2016, he has been made victim of the circumstances, the petitioner lives in Assam and only two days prior to the alleged occurrence he came in the village but he was arrested, he was never in possession of the stolen motorcycle,

Patna High Court Cr.Misc. No.11373 of 2016 (3) dt.02-05-2016 2/2 no one has come forward to claim that motorcycle and as such the petitioner having no criminal antecedent deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner was apprehended with the stolen motorcycle.

In the facts and circumstances as stated above, the petitioner shall be released on bail, after completion of six months in custody from the date of his remand, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Vaishali at Hajipur in Goraul (Katahara O.P.) P.S. Case No. 02 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T