Md. Samshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61796 of 2018 Arising Out of PS.Case No. -161 Year- 2018 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Md. Samshad S/o Md. Aas Mohammad, R/o Vill.- Majurahan, P.S.- Raghunathpur O.P., District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Chakia P.S. Case No. 161 of 2018, G.R. No. 4902 of 2018, registered for offences punishable under Sections 413, 414, 379, 120(B) of the Indian Penal Code.

Allegation against the petitioner as per F.I.R. is that the informant along with others went to the place of occurrence and on seeing the police personnel, they tried to flee away from there but the petitioner was apprehended with stolen motorcycle and he did not produce the paper and a seizure list has been prepared.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and there is nothing available on the record to show that seized

Patna High Court Cr.Misc. No.61796 of 2018 (2) dt.11-10-2018 2/2 motorcycle was stolen one. Further petitioner has no criminal antecedent and he is in custody since 21.07.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chakia P. S. Case No. 161 of 2018, G.R. No. 4902 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T +