Patna High CourtCR. MISC./30355/2017bail granted

Md. Tanveer Alam @ Saddam Alam @ Md. Saddam@Tanveer Alam@Md.Saddam Alam @Md.Sajjad v. The State Of Bihar

2017-08-10Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.30355 of 2017 (3) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30355 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Md. Tanveer Alam @ Tanveer Alam @ Saddam Alam @ Md. Saddam @ Md. Tanbir Alam @ Md.Sajjad son of Md. Jamin Shah, resident of VillageBanahra, P.S. Bhagwanpur, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.01.2017 in connection with Dalsingsarai P.S. Case No. 23 of 2017 for the offences alleged under Sections 414 of the Indian Penal Code read with Sections 25(1-b) a/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of stolen motorcycle. According to the seizure list, a country made pistol, one cartridge and one mobile have been recovered from the conscious possession of the petitioner. Similarly situated co-accused Md. Abbas has been granted bail by this Court in Cr. Misc. No. 28255 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on 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, Dalsingsarai, Samastipur, in connection with Dalsingsarai P.S. Case No. 23 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.30355 of 2017 (3) dt.10-08-2017 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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

(Vikash Jain, J) Md. Ibrarul/Chandran U T