Patna High CourtCR. MISC./51716/2018bail granted

Md. Rustam v. The State Of Bihar

2018-10-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51716 of 2018 Arising Out of PS. Case No.-360 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Md. Rustam S/o Md. Sadrool, R/o Forbesganj Jumman Chowk, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Forbesganj P.S. Case No. 360 of 2018 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

Allegation against the petitioner is of committing theft of Motorcycle of the Informant from his house. It has been submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Petitioner has been falsely implicated in this case due to village politics. Petitioner has got no criminal antecedent and is in custody since 21.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.51716 of 2018(2) dt.04-10-2018 2/2 amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 360 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) 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.

(S. Kumar, J) ranjan/- U