Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46697 of 2021 Arising Out of PS. Case No.-170 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Firoz Son Of Md. Mokim Resident Of Mohalla- Hussainabad Markajee Tola, P.S.- Babarganj, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Mojahidpur P.S. Case No. 170 of 2019 (G.R. 2788/19) registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with one other co-accused person on the point of gun looted Rs. 49,780/-, golden ring, a bag which contains register, H.H.D. machine and two mobile phones from the informant who works in Bandhan Bank. It is alleged that the said occurrence was took place while informant was returning from his group collection duty.

Patna High Court CR. MISC. No.46697 of 2021(3) dt.22-09-2021 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession as well as he has also not put on T.I. parade. He submits that there is no chance of early disposal of this case after framing of charge only two witnesses have been examined in this case and both of them became hostile and have not supported the prosecution case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

The petitioner has seven criminal antecedents as has been mentioned in para 3 of this bail application and he is languishing in custody since 25.02.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Mojahidpur P.S. Case No. 170 of 2019 (G.R.

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to 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.46697 of 2021(3) dt.22-09-2021 3/3

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

(3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in the case of failure, the State shall be at liberty to move for cancellation of bail.

(5) It is directed that after release the petitioner will have to appear before the Police Station of his local area in the first week of the each month till the disposal of the present case. (Anjani Kumar Sharan, J) GAURAV S./- U T