Eid Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44854 of 2022 Arising Out of PS. Case No.-433 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== EID MOHAMMAD Son of Md. Mustafa Resident of Village - Dewapur Akil Tola, P.S.- Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-12-2022 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 Gopalganj Town P.S. Case No. 433 of 2022 registered for the offences punishable under Sections 413, 414 and 34 of the Indian Penal Code.

As per prosecution case, petitioner was apprehended with stolen scorpio vehicle in question. Learned counsel for the petitioner submits that petitioner is in custody since 31.05.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and

Patna High Court CR. MISC. No.44854 of 2022(2) dt.05-12-2022 2/3 there is no likelihood of tampering with the prosecution evidence. He further submits that seizure list has not been made as per law. There is no compliance of Section 100 of Cr.P.C. He further submits that petitioner has no concern with the alleged recovered scorpio. He further submits that petitioner is quite innocent and falsely implicated in the case.

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, keeping in view clean antecedent of petitioner, 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 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No. 433 of 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.

Patna High Court CR. MISC. No.44854 of 2022(2) dt.05-12-2022 3/3 (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