Md. Mahtab v. The State Of Bihar

Patna High Court Cr.Misc. No.14618 of 2016 (3) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14618 of 2016 Arising Out of PS.Case No. -949 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Md. Mahtab S/o Md. Mumtaz resident of Mohalla- Soda Godam, Chandewara -chauk, Beneath-Bandh Chhit Bhagwatipur, PS Muzaffapur town, District Muzaffarpur..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No. 949 of 2015 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

Allegedly, co-accused Guddu Mahto was apprehended with stolen motorcycle and he stated the name of the petitioner and others that they are involved in stealing the motorcycle and selling the same.

Submission is of false implication and that there is no legal and tangible material against the petitioner, only on the ground that the petitioner is an accused in Bela P.S. Case No. 32 of 2010 under Section 379 and 461 of the Indian Penal Code

Patna High Court Cr.Misc. No.14618 of 2016 (3) dt.16-05-2016 wherein he is on bail he is suffering in custody, co-accused Md. Nizam @ Laddu has been allowed bail by the court below itself and further Md. Taj has been allowed bail by this Court vide Cr. Misc. No. 13228 of 2016 and the petitioner is suffering in custody since 11.12.2015.

Learned APP submits that chargesheet has been submitted against the petitioner also.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 949 of 2015, 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) avin/- U T