Md. Zamshed @ Zamshed @ Md. Zamshed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83774 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- JALALGARH District- Purnia ====================================================== MD. ZAMSHED @ ZAMSHED @ MD. ZAMSHED ALAM Son of Mahbub Alam Resident of Village - Madheli, P.S.- Jalalgarh, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 379, 414, 411, 413, 401 of IPC.

Informant has alleged that while he parked his motorcycle and had gone to purchase some articles his motorcycle was stolen. The name of petitioner has surfaced in this case on the basis of confessional statement made by coaccused Md. Abdul Kayum and on basis of said confessional statement two motorcycles were recovered and from co-accused Md. Imtiyaz also two motorcycles were recovered from his house.

It is submitted that nothing was recovered from the house of the petitioner and he has been made accused only on basis of confessional statement and except said confessional

Patna High Court CR. MISC. No.83774 of 2019(2) dt.06-01-2020 2/2 statement, there is no any incriminating material against him. Petitioner is in custody since 12.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Jalalgarh P.S. Case No.132/2019, 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.

(3) If the petitioner tampers with the 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) Prakash Narayan /- U T