Md. Nasruddin @ Bhulla@ Nasruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69571 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- DEODHA District- Madhubani ====================================================== MD. NASRUDDIN @ BHULLA@ NASRUDDIN S/o Md. Phulhasan Rain R/o Village- Akaunha, P.S.- Deodha, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code.

According to prosecution case, one stolen motorcycle is said to have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as the seizure list that one motorcycle has been recovered from the possession of the petitioner. He further submits that in fact due to previous dispute the police has falsely

Patna High Court CR. MISC. No.69571 of 2022(2) dt.28-03-2023 2/3 implicated the petitioner in the present case and in fact nothing has been recovered from the conscious possession of the petitioner rather the police has planted the same and shown the recovery has been made from the possession of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 23.08.2022.

The learned Additional Public Prosecutor for the state has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Deodha P.S. Case No. 91/2022, corresponding to G.R. No.1366 of 2022, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.69571 of 2022(2) dt.28-03-2023 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.

3. 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) amit/- U T