Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71408 of 2021 Arising Out of PS. Case No.-333 Year-2020 Thana- ARARIA District- Araria ====================================================== MD. AKBAR Son of Mojib @ Md. Mojib Resident of village - Chakardah, Ward No.- 4, Hayatpur, P.S.- Araria (R.S.), District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench. The petitioner apprehends his arrest in case registered for the offence punishable under Sections 379, 411/34 of the Indian Penal Code.

Prosecution case is that the petitioner and co-accused persons are alleged to have committed theft of electric LT wire and the petitioner fled away from the place of occurrence.

Patna High Court CR. MISC. No.71408 of 2021(2) dt.13-06-2022 2/3 Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence in the manner alleged and has falsely been implicated in this case.

There is no direct material against the petitioner and nothing has been recovered from the possession of the petitioner. Though the petitioner is also accused in one case bearing Araria (Bairgachhi) P.S. Case No. 266 of 2020 as stated at para-3 of the bail petition.

Learned APP for the State opposed the prayer for bail petition.

Considering the above facts and circumstances, the petitioner, above-named, in the event of his arrest or surrender, within six weeks from today, is directed to be released on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria (R.S.) P.S. Case No. 333 of 2020, subject to the condition as laid down under Section 438(2) Cr.P.C. with a further condition that the petitioner shall appear on each and every day fixed by the learned trial Court and in the event of any default in appearance on the fixed date, the present privilege of bail

Patna High Court CR. MISC. No.71408 of 2021(2) dt.13-06-2022 3/3 granted to the petitioner shall stand automatically cancelled. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T