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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40793 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Daud Mohhammad @ Md. Daud Son Of Late Md. Vakil @ Vakil Miyan Resident Of Village-Shikarganj, Ward No.-7, P.S.-Shikarganj, 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.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 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. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Pakridayal P.S. Case No. 181 of 2022 dated 12.07.2022 registered for the offence punishable u/s 379 of the Indian Penal Code.

As per the prosecution case, the informant's motorcycle was stolen by unknown thief while it was parked at the house of Ramdev Bhagat.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.40793 of 2023(2) dt.19-07-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the self confessional statement. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.09.2022.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Motihari, East Champaran in connection with Pakridayal P.S. Case No. 181 of 2022, with the condition :-

1. 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 be cancelled. The application stands allowed.

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