Patna High CourtCR. MISC./50735/2022bail granted

Md. Taj v. The State Of Bihar

2022-12-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50735 of 2022 Arising Out of PS. Case No.-381 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MD. TAJ S/O MD. MUMTAZ Resident of Village- Chhit Bhagwatipur Chandwara, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand,Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Muzaffarpur P.S. Case No. 381 of 2022 under Sections 401, 413, 414 and 120(B) of the Indian Penal Code. As per the F.I.R., the police upon information, reached Sikandarpur Stadium where they saw accused persons riding on three motorcycles trying to flee away, while some of them managed to escape, some others apprehended, the petitioner was being one of them. It was further found that the they were

Patna High Court CR. MISC. No.50735 of 2022(2) dt.09-12-2022 2/3 having a motorcycle which was stolen one. Accordingly, the F.I.R lodged and they were taken into custody. Learned counsel for the petitioner submits that he was moving on a motorcycle with his friend little realizing that the same was stolen one. Further submission is that for the same he has already suffered by being in custody since 01.05.2022 (as stated in paragraph-12 of the bail application). Considering the fact that the petitioner is in custody since 01.05.2022 and charge sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 381 of 2022, subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

Patna High Court CR. MISC. No.50735 of 2022(2) dt.09-12-2022 3/3 (iii) the petitioner shall leave the district (Muzaffarpur) for a period of one month(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station concerned ( where he will stay) every week to mark his attendance;

(iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months to mark attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T