Sahbaj @ Sahbaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4445 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- BAUSI District- Purnia ====================================================== Sahbaj @ Sahbaj Alam, aged about 21 years, Gender, Male, son of Md. Idrish, Resident of Village- Thathol Singhiya, P.S.- Dagarua, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 395, 397 and 412 of the Indian Penal Code.

Allegation against 14-15 miscreants is of committing robbery in the house of the informant and looting mobiles, documents relating to land, cash of Rs.15,000/- and other household articles.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case merely on the basis of suspicion. It has further been submitted that petitioner is not named in the F.I.R and nothing has been recovered from his possession. Similarly, situated co-accused person has been granted bail vide order dated 31.10.2018 passed

Patna High Court CR. MISC. No.4445 of 2019(3) dt.27-03-2019 2/2 in Cr. Misc. No.64008 of 2018. Petitioner has got no criminal antecedent and is in custody since 05.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baisi P.S. Case No. 189 / 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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.

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

(S. Kumar, J) Sanjay/- U T