Md. Noushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66637 of 2019 Arising Out of PS. Case No.-919 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. NOUSHAD Son of Md. Jamal Ansari Resident of Palasi, Ward no. 1, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 380 of the Indian Penal Code. Prosecution case as lodged by the informant is that while he along with his family members went to celebrate Chhath festival at his village and when he returned on 24.11.2018, he found that lock of the rooms were found broken and household article were scattered in the house. He also found that one LED of 24 inch, one bed sheet, nose and ear ring of gold and tops were stolen.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.66637 of 2019(2) dt.06-11-2019 2/3 petitioner is innocent and has been falsely implicated in this case. He further submits that there is no evidence against this accused to show the complicity in commission of the offence. He submits that charge-sheet has already been submitted, there is no allegation of tampering with the prosecution witnesses by the petitioner and he is languishing in judicial custody since 10.07.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, District-Araria in connection with Forbesganj Police Station Case No. 919 of 2018.

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.66637 of 2019(2) dt.06-11-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T