Md. Jafran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5015 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- HARLAKHI District- Madhubani ====================================================== Md. Jafran aged about 24 years Son Of Md. Jafir @ Jafir Miyan Resident Of Village - Umgawn (BHERYARI Tola), P.S. - Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per the prosecution case, motorcycle of the informant was stolen by some unknown accused persons. Later on he came to know that this petitioner and other accused persons committed theft of his motorcycle .

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5015 of 2021(2) dt.26-03-2021 2/3 petitioner's name has come only on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. He is in custody since 25.6.2020 and charge sheet has already been submitted.

Learned counsel for the State opposes the prayer for bail and submits that from the confession of the petitioner motorcycles were recovered from the possession of the petitioner.

Considering the facts and circumstances of the case and the fact that Charge sheet has already been submitted, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Benipatti District Madhubani in Harlakhi Police Station Case No. 85 of 2020,GR No.379 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.5015 of 2021(2) dt.26-03-2021 3/3

(2) 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.

(Prabhat Kumar Singh, J) shashi/- U T