Jawed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72146 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== Jawed Alam S/o Kaimul Miya @ Mainul Miya R/o village- Dewapur, Purdil Tola, P.S.- Manjhagadh, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant in his written complaint has alleged that when he alongwith his brother-in-law was going on motorcycle, three unknown miscreants on strength of arms snatched away his motorcycle and fled away.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on the basis of confessional statement of co-accused Raj Kishor Yadav @ Bhola Yadav and except confessional statement there is no other incriminating materials against this petitioner. Charge sheet has already been submitted by the police. Petitioner is in

Patna High Court CR. MISC. No.72146 of 2019(2) dt.11-12-2019 2/3 custody since 30.05.2019.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected at this stage.

However, after framing of charges, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Manjhagarh P.S. Case No. 27 of 2019, Trial No. 2405 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.72146 of 2019(2) dt.11-12-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) mdrashid/- U T