Md. Imran @ Mohammad Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55945 of 2022 Arising Out of PS. Case No.-148 Year-2022 Thana- BARAHAT District- Banka ====================================================== Md. Imran @ Mohammad Imran, aged about 27 years, Sex-male, S/O Mohammad Istyak Resident of Village- Douna, P.S.- Amarpur, DistrictBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity APP ) appearing for the State of Bihar The petitioner seeks bail in connection with Barahat PS Case No. 148 of 2022, registered for the offence punishable under Section 392 of the Indian Penal Code ( for brevity 'IPC'). The informant has alleged that while he was driving his truck one Scorpio, without registration number, has stopped the vehicle and it is alleged that he has been robbed of his mobile, Rupees 22,500/- and his truck has also been taken away. He has heard the perpetrators addressing each other by their names and petitioner's name has emerged in their conversation.

The learned counsel for the petitioner submits that it is a case based on suspicion and the petitioner is in custody since 16/06/2022. Petitioner has one antecedents for the offences under the Prevention of Cruelty to Animals Act, 1960 as well as under Sections 414 and 34 of the IPC.

The learned APP for the State has opposed the prayer for bail. It is submitted that a mobile has been recovered from the petitioner's possession.

Considering the rival submissions, the period of custody,

Patna High Court CR. MISC. No.55945 of 2022(2) dt.12-01-2023 2/2 manner of petitioner's implication as also the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the 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 CJM, Banka, in connection with Barahat P S Case No. 148 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. 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) shyambihari/- U T