Md. Iliyas v. The State Of Bihar

Patna High Court Cr.Misc. No.46413 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46413 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Iliyas Son of Md. Samid @ Md. Samid miya Resident of VillageNathpur, Police Station- Narpatganj, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Forbesganj P.S.Case No.113 of 2017, registered for offences punishable under Sections 379/411 of the Indian Penal Code. The petitioner is not named in the FIR rather on the basis of confession of the co-accused his name has transpired in this case and the allegation is about recovery of one motorcycle but not a stolen motorcycle in this case.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 10.7.2017 and there is nothing available on the record to show that the recovery is of stolen motorcycle and further submission is that once he was arrested in connection with this case and thereafter he has been remanded in

Patna High Court Cr.Misc. No.46413 of 2017 (2) dt.21-09-2017 two other cases also.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Forbesganj P.S.Case no.113 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T