Sarfuddin @ Katlu @ Sarfuddin Kathlu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50559 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -POWAKHALI District- KISANGANJ ======================================================

1. SARFUDDIN @ KATLU @ SARFUDDIN KATHLU Son of Garmuddin @ Gamardin resident of Jamuniguri, Police StationThakurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Powakhali P.S.Case No.49 of 2017 registered for offences punishable under Section 379 of the Indian Penal Code. Allegation against the petitioner is of recovery of stolen motorcycle from his possession.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession rather he has been arrested on the suspicion as he was standing there. He has no criminal antecedent and he is in custody for four months. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner has no criminal antecedent, as such let the petitioner,

Patna High Court Cr.Misc. No.50559 of 2017 (2) dt.13-11-2017 2/2 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 Sri Md. Firoz Akaram, J.M. 1st Class, Kishanganj, in connection with Powakhali P.S.Case No.49 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 in the event of failure 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