Kaisher Mian @ Kaisher Ali @ Munmun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8018 of 2019 Arising Out of PS. Case No.-470 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== KAISHER MIAN @ KAISHER ALI @ MUNMUN Son of Nabi Rasool Resident of Village - Khansama Tola, P.S. Hathua, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Siwan Mufassil P.S. Case No. 470 of 2017 registered for the offence punishable under Section 394 of the Indian Penal Code.

Informant has alleged that on 30.09.2017 at 7:00 PM he was coming on his motorcycle, then he was intercepted by two miscreants riding on a motorcycle and on seeing them he left the motorcycle and started fleeing, however, both of them caught him and snatched his bag, cash and mobile kept in the bag and also stabbed him, as a result of which he was injured. FIR is against unknown.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.8018 of 2019(3) dt.08-03-2019 2/3 petitioner has not been put on TIP and he was implicated in this case on the basis of information given by Spy and confessional statement of co-accused Saddam Hussain. Nothing was recovered from his possession and he has been remanded in this case on 05.09.2018 and since thereafter he is in judicial custody. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil P.S. Case No. 470 of 2017 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.8018 of 2019(3) dt.08-03-2019 3/3 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) veena/- U T