Md Dilshad @ Md Dilshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63372 of 2021 Arising Out of PS. Case No.-207 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Md Dilshad @ Md Dilshad Alam, Son of Md. Javed Resident of MohallaManpur, Abgila, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin, Advocate For the Opposite Party/s :

Md. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 07-03-2022 The applicant is given out of turn hearing on account of illness of his aged mother.

The applicant is an accused in Crime No. 207 of 2021, registered with Muffasil Police Station for the offence punishable under Section 392 of the Indian Penal Code, by this application is seeking his release on bail during pendency of the trial.

Heard both sides.

According to the prosecution case, first informant Chandrashekhar Kumar who happens to be the Collection Agent of Bharat Finance Company came to be robbed and he was relieved of two cellphones apart from cash of Rs.1,29,016/- as well as his motorcycle by two unknown accused persons. The applicant came came to be apprehended

Patna High Court CR. MISC. No.63372 of 2021(4) dt.07-03-2022 2/3 and one mobile phone belonging to the first informant came to be recovered from him.

According to the learned counsel for the applicant, the applicant is running a shop wherein mobile phones are being repaired and in support of this contention he has placed on record the rent agreement which is in the name of his father. The investigation of the subject crime is over. The applicant is not having any criminal antecedents. In this view of the matter, further pretrial detention of the applicant is not warrant and therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 207 of 2021 registered with Muffasil Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.63372 of 2021(4) dt.07-03-2022 3/3 (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

Bhardwaj/- (A. M. Badar, J) U T