Md Sanaullah vs The State Of Bihar
2021 Latest Caselaw 746 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.37604 of 2020
        Arising Out of PS. Case No.-46 Year-2018 Thana- BALIYA District- Begusarai
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Md Sanaullah, aged about 26 years, Gender-Male, son of Md. Jahangir, resident of Ward No. 4, Chhoti Ballia Saidan Chak, P.S.- Ballia, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Abul Kalam, Advocate For the State : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Abul Kalam, learned counsel for the

petitioner and Mr. Shyameshwar Dayal, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Ballia PS Case No. 46 of 2018 dated 04.03.2018, instituted

under Sections 420/406/382/34 of the Indian Penal Code.

3. The allegation against the petitioner, though not

named in the FIR, is that he was one of the persons, who

participated in the theft of the vehicle of the informant.

4. Learned counsel for the petitioner submitted that in Patna High Court CR. MISC. No.37604 of 2020 dt.08-02-2021

the First Information Report, the informant has stated that he

along with driver went with one unknown person, who had

taken the vehicle on rent for transporting carrot, but when the

vehicle was taken there were six persons, who had covered their

face and were armed with firearms and they had forced the

informant and the driver down and had tied their hands and feet

and had taken away the vehicle. It was submitted that only in

the re-statement of the informant, he has stated that the

petitioner was also one amongst the six miscreants. Learned

counsel submitted that the FIR itself has been lodged after seven

days for which there is no explanation. Moreover, it was

submitted that when in the FIR the informant has not recognized

the persons and has stated that he could recognize only the

person who had taken the vehicle on hire and was travelling

with them, it is surprising as to how he has taken the specific

name of the petitioner in the re-statement. Learned counsel for

the petitioner submitted that the petitioner is in custody since

17.09.2019.

5. Learned APP submitted that the petitioner has been

identified as one of the persons who had taken away the vehicle

of the informant. However, he could not controvert the fact that

in the First Information Report, the informant has not identified Patna High Court CR. MISC. No.37604 of 2020 dt.08-02-2021

the six miscreants, but later in the re-statement he has

specifically taken the name of the petitioner without any

explanation as to why he did not take the name in the first

instance itself if he had recognized the petitioner.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the CJM, Begusarai, in Ballia

PS Case No. 46 of 2018, subject to the conditions (i) that one of

the bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

Patna High Court CR. MISC. No.37604 of 2020 dt.08-02-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T