Md. Mahfooj v. The State Of Bihar

Patna High Court Cr.Misc. No.43581 of 2018 (3) dt.25-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43581 of 2018 Arising Out of PS.Case No. -254 Year- 2018 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Mahfooj Son of Md. Soheed Resident of Village - Amhara, P.S. - Forbesganj, District Araria, Bihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ravish, Adv. Mr. Sanjay Kumar Sharma, Adv.

For the Opposite Party/s : Mrs. Suman Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 254/2018 (G.R. No. 1054/2018), registered for the offence punishable under Section 380 of the Indian Penal Code. Informant has alleged that on 11.04.2018, while he was sleeping, theft was committed in his house. In the morning, he found his motorcycle, T.V., mobile, set-top box, A.T.M. card and Rs. 5,000/- cash were taken away by the accused. It has been submitted that petitioner has falsely been implicated in this case. Name of petitioner has surfaced in the case on the basis of confessional statement of co-accused. Nothing has been recovered from possession of petitioner. Petitioner has no criminal antecedent, but after being made accused in this case, he has been remanded in other cases.

Patna High Court Cr.Misc. No.43581 of 2018 (3) dt.25-09-2018 He is in custody since 21.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 254/2018 (G.R. No. 1054/2018), subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U T