Masood @ Masud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56419 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Masood @ Masud S/o Rafique @ Safique @ Rafeek Resident of VillageBarhuwa Matiyari, Ward No. 03, P.S.- Jokihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jokihat P.S. Case No. 156 of 2022 lodged under Sections 413, 414, 411 of the I.P.C.

As per the prosecution case, the recovery of 2 theft motorcycle has been made from the garage of co-accused Akbar Alam and it has been alleged that the petitioner has visited in the said shop for repairing of his motorcycle.

Learned counsel for the petitioner submits that the owner of the garage has been granted bail by the Co-ordinate Bench of this Court as well as one similarly situated person has

Patna High Court CR. MISC. No.56419 of 2022(2) dt.15-02-2023 2/3 also been granted bail by this Court vide order dated 31.08.2022 passed in Cr. Misc. No.31529 of 2022 and vide order dated 22.12.2022 passed in Cr. Misc. No.51994 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -V, Araria in connection with Jokihat P.S. Case No. 156 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.56419 of 2022(2) dt.15-02-2023 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T