Patna High CourtCR. MISC./52003/2022bail granted

Md. Moiuddin @ Mintu v. The State Of Bihar

2023-03-21Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52003 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Md. Moiuddin @ Mintu S/O Abdul Ahad Resident of Sahpur Baghauni, P.S.- Waini O.P., District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

According to prosecution case, this petitioner while working for a firm financed informant's pick up van through forged money receipt.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.52003 of 2022(7) dt.21-03-2023 2/3 implicated in the present case. He outrightly submits that the petitioner is ready to deposit Rs. 1,00,000/- by way of demand draft in favour of the informant / complainant, namely, Sunil Kumar. The petitioner is in custody since 28.06.2022. The learned Additional Public Prosecutor submits that petitioner may be enlarged on bail subject to the condition of payment of Rs. 1,00,000/- by the petitioner to the informant / complainant.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Muffassil P.S. Case No. 80 of 2020, subject to the following conditions:-

1. The petitioner shall furnish/deposit the demand draft of the said amount of Rs. 1,00,000/- in favour of the complainant at the time of furnishing the bail bond. The demand draft shall be handed over to the informant/counsel for the informant.

2. 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

Patna High Court CR. MISC. No.52003 of 2022(7) dt.21-03-2023 3/3 court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

3. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T