Md. Mois v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74685 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- AMAUR District- Purnia ====================================================== Md. Mois son on Jabul resident of village Dalmalpur, PS Amour District Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Amour P.S. Case No. 73 of 2018 registered for the offence punishable under Sections 457, 380, 411, 413, 414 of the Indian Penal Code and 25(1-B)a, 26/35/37 of the Arms Act.

Earlier the bail application of the petitioner was rejected vide order dated 02.11.2018 in Criminal Miscellaneous No. 62795 of 2018 with liberty to the petitioner to renew his prayer for bail after framing of charge.

It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Navin Kumar. He has been remanded in this case on 18.07.2018 and since then he is in custody. One stolen mobile has been recovered from his house.

Patna High Court Cr.Misc. No.74685 of 2018(2) dt.12-12-2018 2/2 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 amount each to the satisfaction of learned Additional Sessions Judge, 3rd, Purnea, in connection with Amour P.S. Case No. 73 of 2018 (S.T. No. 254 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and 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 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