Md. Juhee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5045 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== MD. JUHEE aged about 27 years Son of Gulam Hassain @ Gulam Hasnain Resident of Village - Masraf Bajar Pakki Haweli, P.S.- Town, Distt.- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code.

As per the F.I.R., yellow colour motorcycle bearing registration no. BR 07P 6866 was stolen, whereas motorcycle bearing registration no. BR 07R 5856 was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Investigation is complete. Petitioner has claimed clean

Patna High Court CR. MISC. No.5045 of 2021(3) dt.22-06-2021 2/2 antecedent and he is in custody since 6.8.2020. Considering the rival submissions of the parties, materials available on the records as well as the fact that no incriminating material has been recovered from the conscious possession of the petitioner, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Darbhanga in Town Police Station Case No. 218 of 2020 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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