Maksud v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70705 of 2019 Arising Out of PS. Case No.-408 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
Maksud, aged about 21 years, Male, Son of Mirajmerul, Resident of Village-Mir Toli Chauk, P.S-Sugauli, District-East Champaran. 2.
Jamsed Alam, aged about 22 years, Male, Son of Mir Nijam @ Mir Nejam, Resident of Village-Mansa Tola, P.S-Bettiah (Muffasil), District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in a case registered for the offences punishable under Sections 412, 414, 34 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.
Informant who is a police officer has alleged in his self-statement that while he was on duty and checking the vehicle a tempo was coming in high speed and when the driver was asked to stop he ignored the signal of police and
Patna High Court CR. MISC. No.70705 of 2019(3) dt.16-01-2020 2/3 tried to flee away however, same was chased and four miscreants occupying the tempo were apprehended and from the custody of petitioners one country made pistol along with mobile each were recovered.
It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. He has been falsely implicated in this case without any basis. They have no criminal antecedent and are in custody since 29.05.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (Town) P.S. Case No. 408 of 2019, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will
Patna High Court CR. MISC. No.70705 of 2019(3) dt.16-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Rajiv/- U T