Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23643 of 2016 Arising Out of PS.Case No. -357 Year- 2014 Thana -SIWAN CITY District- SIWAN ====================================================== Saddam Hussain S/o Sadik Khan residnet of village- Chiktoli More, P.S.- Siwan Town, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Siwan Town P.S. Case No. 357/2014, G.R. No. 4398/2014 registered for offences under sections 392, 384 of the Indian Penal Code and section 27 of the Arms Act. Allegation has been made that four criminals on the threat of life, forcefully took a motor cycle and Rs. 11,000/- including a Nokia mobile.

The name of the petitioner has surfaced during investigation.

The counsel for the petitioner submits that the petitioner has surrendered himself before the court below on

Patna High Court Cr.Misc. No.23643 of 2016 (2) dt.01-06-2016 2/3 13.1.2015, though he has eight criminal history over his head. Looking to period of custody, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. D.K. Mishra, Judicial Magistrate 1st class, Siwan in connection with Siwan Town P.S. Case No. 357/2014, G.R. No.

4398/2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to Siwan Town police station by 7th of every month at least for six months. In case of failure, his bail will be treated to have been cancelled.

The court below is directed to complete the trial expeditiously within a period of nine months from the date of receipt/production of a copy of this order. If the trial is not completed by that time, the court below will submit a report with

Patna High Court Cr.Misc. No.23643 of 2016 (2) dt.01-06-2016 3/3 the reasons for non-completion of the same.

(Shivaji Pandey, J) Mahesh/- U T