Patna High CourtCR. MISC./24426/2016bail granted

Sheikh Saddam @ Md. Saddam And ANR v. The State Of Bihar

2016-06-02Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24426 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -KOTWALI District- MUNGER ======================================================

1. SHEIKH SADDAM @ MD. SADDAM, son of Sheikh Jumman Ali, Resident of Village- Baialla Shaidpur, P.S. Thakurpukur, District- Waila (West Bengal)

2. Md. Monu @ Imteyaz @ Toroma son of Jamil @ Samsher, resident of Village Churamba, P.S.- Muffasil, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-06-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 23.12.2015 in connection with a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that for the same vehicle another case was also lodged by the Police bearing Akbar Nagar P.S. Case No. 34 of 2015 dated 26.04.2015 in which the petitioner was arrested on 26.04.2015 itself. He further submits that the aforementioned case (Annexure-2) was lodged at 09:00 A.M. on being apprehended at 04:00 in the morning. It is submitted that the subsequent FIR in which the petitioner is facing the prosecution is of the same date at 12:30 P.M. which is improper. He next submits that he has been granted bail with

Patna High Court Cr.Misc. No.24426 of 2016 (2) dt.02-06-2016 P2/2 regard to the earlier case vide order dated 14.12.2015 passed by the A.D.J., Bhagalpur in Bail Application No. 1221 of 2015 (Annexure-4).

Considering the peculiar nature of case, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Munger, in connection with Kotwali P.S. Case No. 98/2015.

(Anjana Mishra, J) Saif/- U T