Daud Mohhamad @ Md. Daud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40071 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Daud Mohhamad @ Md. Daud Son Of Md. Vakil @ Late Vakil Miyan Resident Of Village- Sikarganj, Ward No. 7, Ps- Sikarganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Pakaridayal P.S. Case No. 170 of 2022 dated 29.06.2022 registered for the offences u/s 379 of the Indian Penal Code.

4. As per the prosecution case, the informant's motorcycle was stolen by unknown miscreants.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the

Patna High Court CR. MISC. No.40071 of 2023(2) dt.21-07-2023 2/2 petitioner has surfaced on the basis of self-confessional statement of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.09.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, at Motihari in connection with Pakaridayal P.S. Case No. 170 of 2022, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T