Patna High CourtCR. MISC./82536/2019bail granted

Md. Maroof v. The State Of Bihar

2020-01-14Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82536 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- ARARIA District- Araria ====================================================== MD. MAROOF S/O Rasid Resident of Village - Parshadpur, Dumariya, Police Station - Mahalgaon, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tarique Yazdani Mr. Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in a case registered under Sections 379, 411, 413 and 414 of the Indian Penal Code in connection with Araria PS Case No. 179 of 2019. It is alleged that from the court-yard of the petitioner stolen motorcycle was recovered. As per case of the prosecution similar recovery has been made from other co-accused persons also.

Counsel for the petitioner submits that the recovery is not from the conscious physical possession and that the investigation is also complete. It is also stated that the petitioner bears no criminal antecedent. Other similarly situted co-accused

Patna High Court CR. MISC. No.82536 of 2019(2) dt.14-01-2020 2/2 persons have been allowed bail vide Cr. Misc. No. 34742 of 2019 and Cr. Misc. No. 34381 f 2019. Petitioner is in custody since 21.9.2019.

Considering the aforesaid submissions prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Araria in Araria PS Case No. 179 of 2019 subject to the conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T