Md. Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.831 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== MD. JAVED Son of Md. Nisar Ahmad R/V- Govindpur, P.S- Barauni (Refinery O.P) Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 379 and 356 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases and is in custody since 05.09.2022.

The informant alleges that on 04.09.2022 while he was returning from Begusarai on a motorcycle with his wife, he was intercepted by two miscreants on a bullet motorcycle from the wrong side and they tried to snatch the bag of his wife. Further during snatching, his wife fell down and her right shoulder got fractured. It is further alleged that during the course of snatching the motorcycle of the accused also

Patna High Court CR. MISC. No.831 of 2023(2) dt.04-03-2023 2/3 staggered and one of the miscreants was apprehended who disclosed his name as the petitioner and of Md. Mahboob who fled away.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that the informant met with an accident and thereafter falsely implicated the petitioner. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that from the impugned order, it would manifest the injures suffered by the wife of the informant is grievous.

Considering the submission made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barauni P.S. Case No. 419 of 2022, subject to the conditions that one of the bailors of the petitioner shall be his wife Musarrat Bano. The petitioner shall be released after framing of charge and in the event if the charges have been framed then the petitioner shall be released immediately.

Patna High Court CR. MISC. No.831 of 2023(2) dt.04-03-2023 3/3 If the learned trial court comes to a conclusion that petitioner, after his release, is trying to delay the trial of the case in any manner the learned trial court would be at liberty to immediately cancel the bail bond of the petitioner after recording reasons.

(Satyavrat Verma, J) Kundan/- U T