Wasi Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41901 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Wasi Akhtar, Son of Jakir Hussain, Resident of Village- Dhanahi Mahadoe Tola, P.S.- Sugauli, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chhatauni P.S. Case No. 152 of 2017 for offences punishable under Sections 413 and 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel is that on secret information that some miscreants are planning to sell a stolen motorcycle, the police during patrolling intercepted one motorcycle and apprehended two persons. One person managed to escape but the petitioner was caught who disclosed the name of the other co-accused Pratap Paswan, who was planning to

sell the stolen motorcycle and accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was going to distribute his sister's wedding card and on the way he met the other co-accused Pratap Paswan and sat in motorcycle. He submits that no overt act has been committed by him and he is languishing in judicial custody since 21.06.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Motihari, in connection with Chhatauani P.S. Case No. 152 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail

cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T