Md. Jaddu @ Tahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6468 of 2021 Arising Out of PS. Case No.-433 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md. Jaddu @ Tahir Aged About 19 Years Son Of Md. Murtaza Mohalla Housing Colony, Housing Board, P.S. K.Hat, District Purnia ... ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Prem Ranjan Kumar, Advocate For the Opposite Party :

Mr. NN Tiwari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 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 sections 401/411/413/414 of the Indian Penal Code.

As per the prosecution case, on secret information raid was conducted and co-accused Ravi Shankar Prasad was arrested with the stolen motorcycle. On his disclosure, further raid was conducted near Hawai Adda and six persons including the petitioner were arrested and five stolen motorcycle were

Patna High Court CR. MISC. No.6468 of 2021(2) dt.15-04-2021 2/3 also recovered from the spot.

Learned counsel for the petitioner submits that no stolen article has been recovered from the possession of the petitioner and the petitioner has been made accused in this case on the basis of confessional statement of co-accused Ravi Shankar Prasad. Petitioner has claimed clean antecedent and he is in custody since 22.8.2020.

Considering the fact that no incriminating material has been recovered from the conscious possession of the petitioner coupled with the fact that petitioner has got clean antecedent, 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 Chief Judicial Magistrate, Purnea in Khajanchi Hat (K.Hat) Police Station Case No. 433 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.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.6468 of 2021(2) dt.15-04-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T