Md. Juber Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42792 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== MD. JUBER ALAM Son of Md. Ebrahim @ Imran Resident of villageJamunia, P.S- Parbatta, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. No. 201 of 2022 arising out of Parbatta P.S. Case No. 08 of 2022 registered for the offences punishable under Section 413, 414 and 34 of the IPC.

As per prosecution case, petitioner alongwith other apprehended with stolen motorcycle for which no satisfactory paper has been given to the concerned authority. Learned counsel for the petitioner submits that petitioner is in custody since 18.01.2022 and bears five criminal antecedent. Charge sheet has been submitted in the case and

Patna High Court CR. MISC. No.42792 of 2022(2) dt.17-11-2022 2/3 there is no likelihood of tampering with the prosecution evidence. He further submits that co-accused Mritunjay Kumar was using that motorcycle and he had said that he has purchased that motorcycle from Madhepura, so in good faith he was going with him even without knowing this fact that the motorcycle in question was stolen one. He was only pillion rider on the said motorcycle in question.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner keeping in view the criminal antecedent.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-I, Naugachia, DistrictBhagalpur in connection with S.T. No. 201 of 2022 arising out of Parbatta P.S. Case No. 08 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.42792 of 2022(2) dt.17-11-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T