Masood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41881 of 2019 Arising Out of PS. Case No.-891 Year-2018 Thana- ARARIA District- Araria ====================================================== MASOOD S/o- Rafeek Resident of Village- Matiyari, Ward No. 3, P.S.- Jokihat, District- Araria ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Naushad Uzzoha, Advocate For the Opposite Party :

Mr.Md. Matloob Rab, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under section 392 of the Indian Penal Code. It is alleged that three motorcycle borne unknown miscreants, on the gun point, looted money bag of the informant containing Rs.12500/-, Laptop, charger etc.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as looted money has not been recovered from him. Petitioner is in custody since 9.1.2019 and similarly situated co-accused Md. Naeem @ Naim has already been allowed bail by a bench of this Court vide order dated 11.9.2019, passed in Cr.Mis.No. 57338 of 2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria

Patna High Court CR. MISC. No.41881 of 2019(4) dt.22-10-2019 2/2 in Araria(Bairgachh) Police Station Case No. 891 of 2018 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T