Md. Ekram @ Bhola @ Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55702 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== MD. EKRAM @ BHOLA @ JASIM, Son of Md. Ekram @ Islam Ansari, R/V- Ward No. 31 Neel Kothi Balwant Singh Ka Haata, Dehri, P.S- Dehri , Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. 2.

Heard learned counsel for the petitioner and the learned APP for the State.

3.

The petitioner seeks bail in connection with Arwal P.S. Case No.136 of 2022 registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code.

4.

The prosecution case alleges that the police has recovered stolen motorcycle from co-accused Md. Salim, who has stated that his brother had given him the motorcycle, and that the same was purchased from the instant petitioner. 5.

Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.55702 of 2022(2) dt.16-12-2022 2/3 that based on such implication, by statement of co-accused, petitioner was remanded in Bikramganj P.S. Case No. 367 of 2021. In relation to theft of the motorcycle in question, wherein the police has submitted final form in favour of the petitioner. Still he is in custody in connection with this case since 24.03.2022. The person from whom the motorcycle was recovered and his brother have been allowed bail in Cr. Misc. No. 29658 of 2022.

6.

Learned APP has opposed the prayer for bail.

It is submitted that it is the petitioner who has sold the stolen motorcycle to the co-accused persons.

7.

Considering the rival submissions, this Court is inclined to allow the prayer for bail.

8.

Prayer for bail is allowed.

9.

Accordingly, 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, Arwal, in connection with Arwal P.S. Case No.136 of 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.

Patna High Court CR. MISC. No.55702 of 2022(2) dt.16-12-2022 3/3 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) shashank/- U T