Md. Tanzeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73847 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Md. Tanzeem Son Of Md. Jakki Resident Of Mohalla - Pankha Toli, Ward No.- 25, P.S. - Kazi Mohammadpur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate Mr. Vikash kumar jha, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Majorganj P.S. Case no.180 of 2023 registered under sections 414, 413 and 34 of the Indian Penal Code.

3. As per the prosecution case, two accused persons including the petitioner herein were caught along with the stolen motorcycle. One of the co-accused namely Praveen Kumar managed to escape but was subsequently caught.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from his possession. The co-accused Praveen Kumar has been

Patna High Court CR. MISC. No.73847 of 2023(2) dt.29-11-2023 2/2 enlarged on bail. The petitioner is in custody since 2.7.2023 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, his being in custody since 2.7.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Majorganj P.S. Case no.180 of 2023 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 Chief Judicial Magistrate, Sitamarhi.

7. It is further directed that the petitioner shall remain properly represented on each date of the trial. In case the petitioner does not cooperate in the case/trial and the learned trial Court is of the opinion that the case/trial is being delayed on account of the petitioner, the learned trial Court will be at liberty to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Shiv/- U T