Md Tanveer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49829 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== Md Tanveer S/o Md. Mustafa Resident of Village- Dahauda, P.S.- Manigachhi, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Ashfaque Ahmad, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Manigachhi P.S. Case No. 18 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code. As per prosecution case, the informant was returning home along with his father on motorcycle when three men on a motorcycle approached him and snatched away a bag containing
Patna High Court CR. MISC. No.49829 of 2022(2) dt.13-12-2022 2/3 Rs. 1 lakh cash as well as motorcycle and they also looted his father's mobile.
Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner or any place connected with the petitioner and he has falsely been implicated on the basis of confessional statement of the coaccused and has been remanded in this case on 09.05.2022. Chargesheet has already been filed. It is also submitted that I.O. had issued notice to the informant for identifying the arrested accused persons but it was responded by him that he would not identify them. It is further submitted that Petitioner has also been falsely implicated in other two cases also. Learned APP for the State has opposed the prayer for regular bail for the petitioner.
Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate in connection with Manigachhi P.S. Case No. 18 of 2022, subject to 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
Patna High Court CR. MISC. No.49829 of 2022(2) dt.13-12-2022 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move for cancellation of bail.
3. 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.
(Sunil Dutta Mishra, J) ashutosh/- U T