Md Tanwir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32973 of 2020 Arising Out of PS. Case No.-326 Year-2020 Thana- RANIGANJ DistrictAraria ====================================================== Md Tanwir Alam S/O- Md. Halim Resident of Village - Thari Rampur, P.S. - Raniganj, District - Araria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nafisuzzoha, Advocate For the State :

Mr. Anil Kumar Singh, No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 28.06.2020 in connection with Raniganj P.S. Case No. 326 of 2020 for the offences alleged under Sections 413, 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of stolen Hero Honda motorcycle bearing Chassis No. MBLHA10ABAHM07881. It is submitted that the petitioner is a motorcycle mechanic and works in the garage of one Nawed. In any event, a specific averment has been made in paragraph-12 of the petition that no case has been instituted in regard to theft of the motorcycle. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

Patna High Court CR. MISC. No.32973 of 2020(3) dt.19-01-2021 2/2

5. Be that as it may and having regard to the period of custody already suffered since 28.06.2020, let the petitioner above named be released on provisional bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 6th, Araria, in connection with Raniganj P.S. Case No. 326 of 2020, if he is not otherwise required in any other case.

6. The provisional bail granted to the petitioner shall be confirmed by the learned Court below within a further period of four weeks of furnishing bail bond upon verification that no case has been lodged alleging theft of the motorcycle bearing Chassis No. MBLHA10ABAHM07881.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T