Allowed

Daud Mohammad @ Md. Daud @ Daub Mohammad v. the State of Bihar

Patna HC17 May 2023CR. MISC./20908/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner, a motorcycle thief accused under IPC Sections 413 and 414, directing him to furnish a bond of 20,000 rupees with two sureties and one as a close relative, subject to standard conditions.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 20,000 with two sureties, one being a close relative, subject to the conditions of Section 437(3) Cr.P.C.

Daud Mohammad @ Md. Daud @ Daub Mohammad Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20908 of 2023

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Arising Out of PS. Case No.-178 Year-2022 Thana- PAKRIDAYAL District- East Champaran

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======================================================

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Daud Mohammad @ Md. Daud @ Daub Mohammad, S/O Late Md. Vakil @ Late Vakil Miyan, R/v- Sikarganj, Ward No. 7, P.S.- Sikarganj, District- East Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 17-05-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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In the present case, the petitioner seeks bail in connection with Pakri Dayal P.S. Case No. 178 of 2022 registered for the alleged offences under Sections 413 and 414 of the Indian Penal Code.

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As per prosecution case, police received information about suspected motorcycle thieves moving in certain area. Police reached there and surrounded them and the petitioner and coaccused Jaharuddin were apprehended and other co-accused persons fled away from the spot. From the possession of coaccused, stolen motorcycle was recovered whereas from this petitioner, recovery of a master key was made.

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The learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.20908 of 2023(2) dt.17-05-2023 2/3

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petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner and he has no knowledge about the theft or stolen property. Moreover, only recovery which has been shown from this petitioner is of a master key. The petitioner is in custody since 10.07.2022 and charge-sheet has been submitted.

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Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and is accused in a number of cases of similar nature.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet against him, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Motihari, East Champaran/court concern in connection with Pakridayal P.S. Case No. 178 of 2022, subject to the condition mentioned in Section 437(3) of the Cr.P.C. and other the following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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Patna High Court CR. MISC. No.20908 of 2023(2) dt.17-05-2023 3/3

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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balmukund/-

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U T

Daud Mohammad @ Md. Daud @ Daub Mohammad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Daud Mohammad @ Md. Daud @ Daub Mohammad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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