Md. Sonu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9667 of 2021 Arising Out of PS. Case No.-690 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MD. SONU ALAM S/o MD. MANJUR ALAM @ MANJUR ALAM @ MANZUR Resident of Village - Rampur, Ward No. - 05, P.S. - Araria (Bairgachhi), 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.Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 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. 690 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. Later on, sections 411/414 of the IPC was added.

As per the prosecution case, two unknown criminals on the point of pistol snatched motorcycle, cash and mobile from possession 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.

Patna High Court CR. MISC. No.9667 of 2021(2) dt.22-07-2021 2/2 Though it is alleged that one looted mobile has been recovered from possession of this petitioner, but the same has not been put on Test Identification Parade till date and petitioner has purchased the said mobile from one Sarwesh Sah on consideration money of Rs. 5500/-. No incriminating article has been recovered from possession of this petitioner. Petitioner is having clean antecedent and he is in custody since 14.10.2020. 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.

690 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.