Md. Ashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79052 of 2018 Arising Out of PS. Case No.-302 Year-2018 Thana- ARARIA District- Araria ====================================================== Md. Ashique, son of Md. Hazamudin, Resident of Village- Routa, P.S. Routa District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Araria P.S. Case No. 302 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

It has been alleged by the informant in the FIR that on 25.05.2018 at about 12.00 noon, after parking his motorcycle in front of court he had gone to court in respect of some court work and when he returned after fifteen minutes, he found that his motorcycle was stolen and lodged the FIR against unknown. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.79052 of 2018(3) dt.22-02-2019 2/3 petitioner is not named in the FIR. No incriminating material has been recovered from his possession and he has not been put on T.I.P. Petitioner is in custody since 20.07.2018 and charge sheet has been submitted.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, in connection with Araria P.S. Case No. 302 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in

Patna High Court Cr.Misc. No.79052 of 2018(3) dt.22-02-2019 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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