Md. Shah Faisal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77015 of 2023 Arising Out of PS. Case No.-511 Year-2023 Thana- RAMPUR District- Gaya ====================================================== MD. SHAH FAISAL son of Md. Tabrez Village- Mauriya Ghal Near Masjid Khhara River side Jagnu watch Panchaitia Akhara PS- Kotwali Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheikh Arkan Ahmad For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Rampur P.S. Case No. 511/2023 registered for the offences punishable under Sections 414, 420, 467, 468 of the Indian Penal Code.
3. As per prosecution case, the petitioner is said to have apprehended on the spot alongwith the stolen motorcycle.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 10.08.2023 and bears no criminal antecedent. He further submits that the petitioner has nothing to do with the alleged occurrence. He was merely seated on the motorcycle. No incriminating article has
Patna High Court CR. MISC. No.77015 of 2023(2) dt.05-12-2023 2/3 been recovered from the conscious possession of the petitioner. He orally submits that the charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Gaya in connection with Rampur P.S. Case No. 511/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for
Patna High Court CR. MISC. No.77015 of 2023(2) dt.05-12-2023 3/3 cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) amitkumar/- U T