Ekram Hussain @ Akram @ Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4295 of 2020 Arising Out of PS. Case No.-357 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Ekram Hussain @ Akram @ Ekram Son of Raj Hussain, Resident of VillageGovindapur, Manjhagarh, P.S.-Manjhagarh, District-Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Barharia P.S. Case No.357 of 2019 registered for the offence under Sections 387, 504, 506, 34 of the Indian Penal Code. Allegation is that on telephonic information made by a person on the informant's mobile no.9931810162, who is a businessman of medicine, from Mobile No.7366929238 saying Sadam's man asked for ransom amount of Rs.15,00,000/-and on failure gave threatening to kill him, on the basis of which the petitioner has been made accused.

It is submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and he has been falsely implicated in the present case and the petitioner's name has surfaced on the disclosure made by a spy. It is submitted that

Patna High Court CR. MISC. No.4295 of 2020(2) dt.23-01-2020 2/3 nothing has been recovered from the conscious possession of the petitioner. It is also submitted that Mobile No.9931583738, from which call was made, was in the name of petitioner's mother. Learned counsel for the petitioner has submitted that on the disclosure made by a spy, the petitioner has been arrested. The petitioner is in custody since 24.10.2019, having no criminal antecedent. It is submitted that in this case, chargesheet has already been submitted and there is no chance of tampering with the evidence.

Considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. Case No.357 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move

Patna High Court CR. MISC. No.4295 of 2020(2) dt.23-01-2020 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) nawalkrs/- U T