Md. Sanni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11234 of 2019 Arising Out of PS. Case No.-84 Year-2014 Thana- JAMALPUR District- Munger ====================================================== MD. SANNI, aged about 21 years (M), S/o Md. Aslam, Resident of Kamela Road, Purabsarai, P.S-Kotwali, Dist- Munger ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sevak Choudhary For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code and later on Sections 395, 412 of the Indian Penal Code were also added.
Informant who is driver of the tempo has stated that on 02.07.2014 at 8.30 p.m., four passengers reserved his tempo from Munger to Jamalpur and when he was on his way, the passengers seated behind took him hostage by pistol and ousted him from tempo and also snatched Rs.500/- from him and, thereafter, fled away with the tempo. Thereafter, informant informed the tempo owner.
Patna High Court CR. MISC. No.11234 of 2019(2) dt.04-04-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of criminal antecedent. Nothing has been recovered from his possession. He has not been subjected to TIP. Charges has already been framed against petitioner and he is in custody since 14.08.2018.
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 S.T. No.361/2018 arising out of Jamalpur P.S. Case No. 84/2014, 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,
Patna High Court CR. MISC. No.11234 of 2019(2) dt.04-04-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T