Allowed

Md. Asfaque v. the State of Bihar

Patna HC13 Jun 2023CR. MISC./29962/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition arising from a case under Section 414 IPC, the High Court granted bail to the petitioner upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation and non-tampering with evidence.

What did the court decide?

Petitioner released on bail on furnishing Rs. 10,000 with two sureties of like amount. Conditions include cooperation in trial and no tampering with evidence or witnesses.

Md. Asfaque 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.29962 of 2023

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Arising Out of PS. Case No.-192 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran

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

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MD. ASFAQUE S/O MD. KARIM Resident of Village- Kharuhi, P.S.Kundwa Chainpur, District- East Champaran, Motihari.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra For the Opposite Party/s : Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 13-06-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Kundwachainpur P.S. Case No. 192 of 2022 registered for the offences punishable under Section 414 of the Indian Penal Code.

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As per prosecution case, as per seizure list one motorcycle was recovered from the varamda of the petitioner.

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Learned counsel for the petitioner submits that petitioner is in custody since 17.01.2022. Petitioner bears one case of excise act which is not similar of present case. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Nothing

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Patna High Court CR. MISC. No.29962 of 2023(2) dt.13-06-2023 2/3

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has been recovered from the conscious possession or personal possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the F.I.R. The petitioner has no concern with the alleged stolen motorcycle.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Vth, Sikrahana (Dhaka), East Champaran, Motihari in connection with Kundwachainpur P.S. Case No. 192 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

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Patna High Court CR. MISC. No.29962 of 2023(2) dt.13-06-2023 3/3

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dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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Niku/amit

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U T

Md. Asfaque v. the State of Bihar

Case brief

What is this about?

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Md. Asfaque v. the State of Bihar

Case brief

What is this about?

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