Md. Sahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77054 of 2019 Arising Out of PS. Case No.-285 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MD. SAHABUDDIN Son of Salim Miya Resident of Village - Harypur, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379/406/420/34 of the Indian Penal Code.

Co-accused Rahul Kumar was driving the loaded truck of the informant. Initially the truck got missing and later on recovered at Newaji Tola, Chhapra. No goods was there in the truck. During investigation, it revealed in the confessional statement of co-accused Jai Kishore that the driver of the truck, one Ravi and Jai Kishore had sold away the goods of the truck. Further evidence came that the petitioner was also in collusion with the driver. The petitioner has stated on oath that he has got no criminal antecedent.

Patna High Court CR. MISC. No.77054 of 2019(2) dt.18-01-2020 2/2 Considering the lack of material against the petitioner as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law,let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Chapra Muffasil Police Station Case No.285 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T