Md.Akram @ Md. Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8255 of 2021 Arising Out of PS. Case No.-652 Year-2020 Thana- SUPAUL District- Supaul ====================================================== MD.AKRAM @ MD. EKRAM Son of Mobinul Haque Resident of Village - Nunupatti, P.S.- and Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2021 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 Supaul P.S. Case No. 652 of 2020, registered for the offence punishable under Sections 399, 402, 411 and 414 of the Indian Penal Code. As per the prosecution case, on secret information that some miscreants have assembled to commit crime, raid was conducted and this petitioner and co-accused Md. Saddam were apprehended and upon search, one knife, one mobile and a motorcycle was recovered from possession of this petitioner. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. No incriminating article has been recovered from possession of this

Patna High Court CR. MISC. No.8255 of 2021(2) dt.27-05-2021 2/2 petitioner. Motorcycle in question belongs to brother of petitioner and in support of the same he has annexed paper which is kept at Annexure-2. No arms and ammunitions have been recovered from possession of this petitioner. Petitioner is in custody since 17.09.2020. Chargesheet has already been submitted.

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, Supaul in connection with Supaul P.S. Case No. 652 of 2020, 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