Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52517 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- SIKTI District- Araria ====================================================== MD. MUNNA, aged about 40 years (M), S/o Habib, Resident of VillageSonapur, P.S.- Sikty, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code and Section 11 of C.T. Act.

Allegation against the petitioner is recovery of 9 cattle (cow, bull and calves) from his possession and he is said to be a cattle smuggler.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of suspicion. It has further been submitted that the cattle were recovered from a field during the course of grazing and at that time, the petitioner was working in the field and the police arrested him only on suspicion.

Petitioner has no criminal antecedent and he is in custody since 26.05.2019.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.52517 of 2019(4) dt.27-11-2019 2/2 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 court below where the case is pending in connection with Sikty P.S. Case No. 77/2019, 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) Sanjay/- U T