Faiyaz Khan @ Md. Faiyaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73807 of 2019 Arising Out of PS. Case No.-364 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== Faiyaz Khan @ Md. Faiyaz Khan Son of Md. Shahabuddin Resident of Village- Ahiyapur, Police Station- Sheikhpura, District- Sheikhpura ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate For the Opposite Party :

Mr.Chandra Bhushan Pd, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 401, 379/34 of the Indian Penal Code.

Police apprehended a miscreant with a motorcycle and master keys, while others including the petitioner managed to escape.

Learned counsel for the petitioner submits that the petitioner is merely a mechanic and he has been named by the said co-accused in his confession, though nothing incriminating has been recovered from his possession indicating him to be indulged in sell and purchase of stolen motorcycles. Petitioner is in custody since 21.8.2019. Charge sheet has also been filed in the case, as such, there is no chance of tampering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate

Patna High Court CR. MISC. No.73807 of 2019(3) dt.04-12-2019 2/2 Sheikhpura in Sheikhpura Police Station Case No. 364 of 2019, on the following conditions:-

(1) 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 the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) Shashi U T