Md. Junaid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32978 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Md. Junaid Alam, son of Hasib Pamaria, Resident of Deep, P.S.- Lakhnour (R.S. O.P.), District- Madhubani.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Jhanjharpur P.S.Case No. 25 of 2017 registered for the offences punishable under Sections 401 and 413 of the Indian Penal Code. Allegation against the petitioner is that one stolen motorcycle has been recovered from his possession. It has been submitted on behalf of the petitioner that nothing has been recovered from his possession, rather recovery of motorcycle has been made from co-accused and for that another case has been lodged, as stated in paragraph-3 of the petition, in which petitioner has been made accused and he is in custody in this case for more than three months.
Heard learned APP also.
Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Patna High Court Cr.Misc. No.32978 of 2017 (3) dt.04-08-2017 2/2 twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, in connection with Jhanjharpur P.S.Case No. 25 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.
(iv) if active involvement of the petitioner is found in such type of cases in future, his bail bond shall be cancelled by the court below.
(Vinod Kumar Sinha, J) spal/- U