Md. Perwez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59272 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- JEHANABAD RAIL P.S. District- Gaya ====================================================== MD. PERWEZ ALAM MD. UMID ALAM Resident of Samdani Gali, P.S.- Kotwali, Panchaitya Akhara, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S. Jamil Akhtar, Adv.

For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 379 and 411 of the Indian Penal Code.

The case relates to snatching of purse containing silver payal and cash of Rs. 6500/- along with a mobile while the informant and her nephew was on train.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R. but his name has transpired in this case during course of investigation.

Patna High Court CR. MISC. No.59272 of 2022(2) dt.07-02-2023 2/3 Moreover, nothing incriminating as alleged in the F.I.R. has been recovered from the conscious possession of the petitioner nor any cogent material has surfaced against the petitioner during course of investigation. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 18.07.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Railway, Patna- Jehanabad P.S. Case No. 54 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.59272 of 2022(2) dt.07-02-2023 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 step 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.

(Rajesh Kumar Verma, J) brajesh/- U T