Md. Taliban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42385 of 2022 Arising Out of PS. Case No.-437 Year-2021 Thana- COMPLAINT CASE District- Banka ====================================================== MD. TALIBAN Son of Md. Middik Ansari Resident of Village - Sikanderpur, P.S.- Bounsi, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-11-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of IPC. The auto rickshaw of the informant is said to have been stolen.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case only on the basis of suspicion. Further submits that the petitioner was made an accused in Bounsi P.S.Case No.64 of 2020 in which the petitioner has been granted bail by the learned court

Patna High Court CR. MISC. No.42385 of 2022(2) dt.14-11-2022 2/3 below itself and the present case has been filed by the complainant only to harass the petitioner and for the same offence, two cases have been instituted against the petitioner. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petiitoner carries one more case other than the present one. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned court below where the case is pending in connection with Complaint Case No. 437 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other 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 on their absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the

Patna High Court CR. MISC. No.42385 of 2022(2) dt.14-11-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner have concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T