Umar Nadeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55010 of 2022 Arising Out of PS. Case No.-713 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Umar Nadeem, aged about 20 years, Male, Son of Late Md. Sohrab Alam Resident of Janerwa, Ward No.- 12, P.S.- Banjaria, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Turkauliya (Banjaria) P.S. Case No. 713/2022 registered for the offence punishable under Sections 414/34 of the Indian Penal Code (for brevity 'IPC').

There is alleged recovery of stolen motor-cycle from the petitioner.

It is submitted by the petitioner's counsel that the petitioner had borrowed the motor-cycle from one 'Guddu Alam' and was oblivious of the fact of its ownership and has become victim of the circumstance. Being a student, under such circumstances, he is in custody since 23.07.2022. He has no criminal antecedents. Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, the above facts and circumstances, period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the

Patna High Court CR. MISC. No.55010 of 2022(2) dt.10-01-2023 2/2 petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Turkauliya (Banjaria) P.S. Case No. 713/2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T