Md. Guljar @ Guljar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65645 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- CHHATAPUR District- Supaul ====================================================== MD. GULJAR @ GULJAR S/o Md. Sabir Resident of Village Pratap Nagar, Ward No. 10, P.S. Chhatapur, Distt. Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Chhatapur P.S. Case No. 164/2018, instituted for offences under Sections 379 and 411 of the Indian Penal Code.

It is alleged in the written report that on 30.05.2018 at about 2:00 A.M., the informant found that his TVS Star Motorcycle has been stolen for which he had informed to SHO, Chhatapur P.S. and started searching the motorcycle. It is alleged that on the same day at about 3:00 A.M. the police informed that the accused petitioner has been arrested along with motorcycle.

Seizure-list is part of F.I.R., from which it appears that motorcycle has been recovered from possession of petitioner. Petitioner is in custody since 30.05.2018.

Patna High Court Cr.Misc. No.65645 of 2018(3) dt.04-12-2018 2/2 Report from the court below about stage of trial has been received, wherein it is mentioned that after framing of charge not a single witness has been examined in this case. Keeping in view the period of custody already spent by the petitioner, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 164/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T