Md. Shahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16973 of 2017 Arising Out of PS.Case No. -648 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Shahzad S/o - Md. Mahmood Ansari Resident of Village - Bairgachhi, Momin Tola, P.S. - Araria (Bairgachhi O.P.), District - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 This is an application for grant of bail for offences punishable under Sections 379 and 411 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected by this Hon'ble Court vide order dated 30.1.2017 passed in Cr. Misc. no. 54943 of 2016 with an observation that he may renew his prayer for bail after framing of charge.

It has been submitted on behalf of the petitioner that charge has already been framed in this case and name of the petitioner has transpired on the basis of confessional statement of co-accused. One motor-cycle is said to have been recovered from his possession. It is submitted that he has been made accused in two other cases and in both the cases he is on bail. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.16973 of 2017 (2) dt.12-04-2017 2/2 Having heard both sides, in view of the fact that charge has been framed in this case and he has remained in custody for more than five months, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twentyfive thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case no. 648 of 2016 (G.R no. 3181 of 2016) with the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and in the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sudip/- U T