Patna High CourtCR. MISC./18491/2015bail granted

Mujammil Miyan v. The State Of Bihar

2015-07-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18491 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mujammil Miyan son of Late Idrish Miyan resident of village- Chauriya tola, Police Station- Nautan (Jagdishpur), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Nautan (Jagdishpur) P.S. Case No. 35 of 2015 registered under section 414 IPC. On the basis of the written report filed by the officer-in-charge the house of the petitioner was searched. In course of search the petitioner fled away. One Hero Honda motor cycle was recovered from the house of the petitioner. Same was seized.

The contention of the petitioner is that although it has been alleged in the FIR that the petitioner escaped from the house but from the seizure memo attached to the FIR it appears that the petitioner was present at the relevant time. The witnesses to the seizure memo have stated that the motor cycle was found

Patna High Court Cr.Misc. No.18491 of 2015 (2) dt.02-07-2015 2/2 abandoned close to the house of the informant. The petitioner is in custody since 05.02.2015 having no criminal antecedent except a case which was lodged in relation to the theft of a motor cycle in which he has been granted bail.

Considering the above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction CJM, Bettiah, West Champaran in Nautan (Jagdishpur) P.S. Case No. 35 of 2015 on condition that one of the bailors shall be own/close family member of the petitioner. As soon as the charges are framed, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T