Sarvar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62035 of 2017 Arising Out of PS.Case No. -678 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Sarvar Alam, Son of Anwar Alam, resident of Mohalla- Jafarganj, P.S.- Jehanabad, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jehanabad P.S. Case No.678 of 2017 registered for the offence punishable under Section 414 of the Indian Penal Code. As per written report, the police party apprehended this petitioner as he did not produce any paper with respect to the motorcycle which was found from his possession. It has been submitted that the petitioner is a mechanic at Sai Bike Repairing and Service Centre, Mallahachak. After repairing the said motorcycle while he was driving the same for trial, the police apprehended and booked him for the offence as he did not produce the paper as regards the ownership. The said motorcycle was given to the petitioner by one Vicky Kumar for

Patna High Court Cr.Misc. No.62035 of 2017 (3) dt.18-01-2018 repairing. The petitioner is in custody since 12.10.2017 having clean antecedent.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Sub-Judge I, Jehanabad in connection with Jehanabad P.S. Case No.678 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part 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. (Sanjay Kumar, J) U Harish/-