Patna High CourtCR. MISC./1151/2022bail granted

Md. Murshid v. The State Of Bihar

2022-05-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1151 of 2022 Arising Out of PS. Case No.-336 Year-2021 Thana- JOKIHAT District- Araria ====================================================== Md. Murshid Son of Late Alim Resident of Village- Rajwakol, P.S.- Mahalgaon, District- Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.N. A. Shamsi, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioner is in custody in connection with Jokihat (Mahalgaon) P.S. Case No. 336 of 2021 registered under sections 392 and 411 of the Indian Penal Code. As per the allegation, the petitioner along with two accused persons were riding on a motorcycle and they snatched the purse and mobile phone of the informant. However, in the meantime, the police arrived, the three accused persons tried to escape in three different directions but one of them namely, Khuddam was arrested from the spot and he gave the name of his associate Murshid (the petitioner herein) and Salman. In this way, this petitioner came into judicial custody

Patna High Court CR. MISC. No.1151 of 2022(2) dt.19-05-2022 2/3 and he is in jail since 22.7.2021.

Considering the fact that the petitioner has not been arrested from the spot, charge-sheet stands submitted and he is in jail since 22.7.2021; this Court is inclined to grant him the privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with jokihat (Mahalgaon) P.S. Case No. 336 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.1151 of 2022(2) dt.19-05-2022 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U