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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7892 of 2019 Arising Out of PS. Case No.-392 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Kaisher Mian @ Kaisher Ali @ Munmun, aged about 45 years (Male), S/o, 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 01-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Siwan Mufassil P.S. Case No. 392/ 2017 registered for the offence punishable under Sections 394 of the Indian Penal Code.

Informant has alleged in his written complaint that on 15.08.2017 at about 8.20 p.m., while he was coming on his motorcycle, four miscreants riding on one motorcycle overtook his motorcycle and gave knife blow as a result of which he suffered hand injury and, thereafter, they snatched away his mobile and Rs.3,000/- and fled away.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R. and his name has surfaced in this case on the confessional statement made by the co-accused,

Patna High Court CR. MISC. No.7892 of 2019(3) dt.01-03-2019 2/2 Sudham Hussain and, thereafter, he was remanded in this case on 05.09.2018. Nothing has been recovered from his possession. 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 Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil P.S. Case No. 392/ 2017, 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