Md. Minister @ Minister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67509 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md. Minister @ Minister, S/O Sultan, Village- Modho, Ps. Kochadhaman, Dist. Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kochadhaman P.S. Case No. 195/2023, lodged on 14.08.2023 under Sections 379, 461 of the Indian Penal Code and subsequently, section 411 of the I.P.C. has also been added.

3. As per the prosecution case, the FIR has been lodged against the unknown accused persons with an allegation of committing theft of 7 items from a shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name has figured in this case only on the basis of suspicion. The seizure list reflects that a broken lock and total 30 items have been recovered from

Patna High Court CR. MISC. No.67509 of 2023(2) dt.17-10-2023 2/3 a nearby place. He further submits that the antecedent of the petitioner is clean and he is in custody since 15.08.2023. Moreover, the offences for which the present case has been lodged is triable by a Magistrate.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj in connection with Kochadhaman P.S. Case No. 195/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.67509 of 2023(2) dt.17-10-2023 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T