Md. Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42786 of 2022 Arising Out of PS. Case No.-381 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MD. JAVED S/o Md. Shaukat R/o Mohalla- Chandwara Soda Godown, Chhit Bhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== 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 Muzaffarpur Town P.S. Case No. 381/2022 registered for the offences punishable under Sections 401, 413, 414 and 120(B) of the Indian Penal Code.

As per prosecution case, the informant got secret information that a gang who are indulged in stealing motorcycle have been seen. The informant with other police official reached on the place of occurrence and after seeing the police force, six persons on three motorcycles started to flee away but four persons including petitioner have been apprehended and two persons have been succeeded to escape

Patna High Court CR. MISC. No.42786 of 2022(2) dt.17-11-2022 2/3 from there.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on suspicion. The petitioner is languishing in custody since 01.05.2022 and bears no criminal antecedent. No stolen motorcycle has been recovered from the conscious possession of the petitioner. As per FIR, it is evidently clear that from the possession of the petitioner, there is no recovery of any motorcycle rather two motorcycles were recovered from the socalled possession of four apprehended persons including the petitioner. He further submits that there is no compliance of Section 100 Cr.P.C. The petitioner is neither indulged in the commission of theft of motorcycle or its sale and purchase nor the petitioner has any concerned with the gang of motorcycle theft. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence, as

Patna High Court CR. MISC. No.42786 of 2022(2) dt.17-11-2022 3/3 submitted and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 381/2022, subject to following conditions:- (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) amitkumar/- U T