Md. Jalaluddin @ Jalaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 4505 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- JOGBANI District- Araria ====================================================== MD JALALUDDIN @ JALALUDDIN Son of Halimuddin @ Bhuttu @ Md. Alimuddin Resident of Village - Nagar Moda, Ward No.7, P.S.- Jogbani, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-06-2021 This case has been taken up for consideration today through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Jogbani (Bathnaha) Police Station (for brevity, PS) Case No 110 of 2020 instituted for the offence punishable under Sections 461, 379 of Indian Penal Code.

The informant's shop has been broken into in his absence. First Information Report has been lodged against unknown persons. Recovery of some biscuit, bhujia and coins have been made from the petitioner. His name has come on statement of some spy.

Patna High Court CR. MISC. No.4505 of 2021(3) dt.25-06-2021 2/3 It has been submitted that it is a case of false implication merely on suspicion and the motorcycle, which has been recovered from the petitioner's possession, stands in the name of his brother-in-law. The biscuit, bhujia and coins, recovered from the possession of the petitioner, cannot be identified to be part of looted articles. He is in custody since 13.05.2020. Learned APP for the State opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Araria in connection with Jogbani (Bathnaha) PS Case No 110 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to

Patna High Court CR. MISC. No.4505 of 2021(3) dt.25-06-2021 3/3 honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T