Md. Khurshid @ Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6529 of 2021 Arising Out of PS. Case No.-852 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. KHURSHID @ KHURSHID SON OF MD. RIYAZUDDIN R/O VILL.- KURHELI, WARD NO. -05, P.S.- FORBESGANJ, DIST.- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Forbesganj P.S. Case No. 852 of 2018, registered for the offence punishable under Section 380 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft in the house of informant and looted away cash, mobile and other belongings of the informant. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case in his own confession before the police. No looted article has been

Patna High Court CR. MISC. No.6529 of 2021(4) dt.05-07-2021 2/2 recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner has been remanded in this case from Forbesganj P.S. Case No. 861 of 2018. Petitioner is in custody since 17.01.2020. Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 852 of 2018, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T