Md. Irsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67687 of 2021 Arising Out of PS. Case No.-682 Year-2021 Thana- ARARIA District- Araria ====================================================== MD. IRSAD, S/O MD. SIMAN @ SIRMAN, R/o village- Gerki Gogra Ward No. 14, P.S.- Jokihat, District- Araria ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr.Mritunjay Kumar Nirala, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Araria (Madanpur) P.S. Case No. 682 of 2021 registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code. He is in custody since 10.08.2021. The petitioner has got two criminal antecedents in which he is on bail.

Learned counsel for the petitioner submits that while the informant was involved in vehicle checking spotted a motorcycle on which three persons were boarded, one of them

Patna High Court CR. MISC. No.67687 of 2021(2) dt.16-05-2022 2/3 managed to escape. The petitioner and co-accused Md. Tanweer were apprehended and they accepted before the informant the said motorcycle is theft one.

Learned counsel submits that the petitioner had purchased the vehicle but ownership was not transferred from the owner. He is in custody since 10.08.2021 and investigation against him is complete.

Mr.Mritunjay Kumar Nirala, learned APP for the State has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the petitioner has been arrested in this case and he is in custody since 10.08.2021 on the mere allegation that he was found on a motorcycle of which the papers were not produced on demand, further submission that the seized motorcycle is not a stolen property as there is no claimant rather it was purchased by the petitioner but ownership was not transferred from the owner and apart from that there is no independent material to suggest the involvement of the petitioner in purchase and sale of stolen vehicle, investigation against him is complete and his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two

Patna High Court CR. MISC. No.67687 of 2021(2) dt.16-05-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Madanpur) P.S. Case No. 682 of 2021, subject to the condition as laid down under Section 437(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.