Tanvir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54205 of 2021 Arising Out of PS. Case No.-315 Year-2021 Thana- JOKIHAT District- Araria ====================================================== TANVIR Son of Taiyyab @ Taibul Resident of Village - Sisauna Rahitola, Ward No. 12, P.S. - Jokihat District - Araria- 854329. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigank Mauli, Sr. Adv.

Mr. Sanjay Kumar Sharma, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-04-2022 Heard learned senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 392 and 397 of the Indian Penal Code.

The informant and his associates is said to have been assaulted by the accused persons by means of Dagger and on the point of gun, the petitioner along with others are said to have taken out Rs. 1,50,700/- cash from the possession of father of the informant.

Learned senior counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.54205 of 2021(3) dt.05-04-2022 2/3 this case. He further submits that the petitioner is not the registered owner of the vehicle in question. He also submits that the petitioner runs a grocery shop and he has no concern with the alleged occurrence rather he has been made accused in this case due to village politics. Nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 08.07.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Jokihat P.S. Case No. 315 of 2021 with 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

Patna High Court CR. MISC. No.54205 of 2021(3) dt.05-04-2022 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

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 has concealed his criminal antecedent, 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) brajesh/- U T