Patna High CourtCR. MISC./40138/2020bail granted

Md. Chand @ Baudha v. The State Of Bihar

2021-06-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40138 of 2020 Arising Out of PS. Case No.-38 Year-2013 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MD. CHAND @ BAUDHA, Son of Md. Habib Resident of Village - Maripur, Below over bridge, P.S.- Kazimohammadpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2021 Heard Mr. Raju Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kazimohammadpur P. S. Case No. 38 of 2013 / Trial No. 1422 of 2019, instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

While committing theft of electric wire, three persons are said to have been arrested, namely, Prem Kumar, Md. Salam and one Md. Jamir. Md. Jamir is said to have confessed about the participation of the

Patna High Court CR. MISC. No.40138 of 2020(2) dt.09-06-2021 2/3 petitioner also in the occurrence.

The learned counsel for the petitioner has submitted that except for the confession of co-accused Md. Jamir, there is no other material to connect the petitioner with the offence.

In the other cases in which the petitioner has been made accused in the past, he has been granted bail.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Kazimohammadpur P. S. Case No. 38 of 2013 / Trial No. 1422 of 2019, subject to the conditions as laid down

Patna High Court CR. MISC. No.40138 of 2020(2) dt.09-06-2021 3/3 under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T