Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71292 of 2021 Arising Out of PS. Case No.-343 Year-2021 Thana- JOKIHAT District- Araria ====================================================== JAMAL Son of late Rahman Resident of Village - Araria Basti Beldari Tola Ward No. 07, Police Station and District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Jokihat P.S. Case No. 343 of 2021 for the offence punishable under Sections 379 and 411 of the Indian Penal Code. The allegation is of commission of theft of the Royal Enfield motorcycle of the informant bearing registration no. BR38Q2269. F.I.R. of the occurrence of theft is against unknown.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.71292 of 2021(2) dt.17-05-2022 2/3 implicated in this case. He further submits that neither any incriminating article has been recovered from conscious possession of the petitioner nor he has been put on T.I. parade till date. Name of the petitioner has surfaced on the basis of confessional statement of co-accused Belal which has no evidentiary value in the eye of law. Except confessional statement of the co-accused, there is nothing on record to connect the petitioner with the alleged crime. Petitioner is in custody since 06.09.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and the period of custody already undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 343 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.71292 of 2021(2) dt.17-05-2022 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T