Ahmad Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16777 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ahmad Miyan son of Wazir Miyan, resident of village -Dhum Nagar Matiariya, PS-Shikarpur, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S.Tr. No. 511 of 2016, arising from Balthar P.S. Case No. 4 of 2016 registered for the offence punishable under section 392 of the Indian Penal Code.

Allegation has been made that some unknown persons intercepted the victim and took away Rs. 1,25,000/-. On the basis of confessional statement of co-accused, the house of the petitioner was raided and from there, looted money was recovered along with pistol and one mobile phone. The counsel for the petitioner submits that the petitioner is in custody since 09.06.2016, which has been mentioned in paragraph 11 of this application.

Patna High Court Cr.Misc. No.16777 of 2017 (2) dt.26-04-2017 2/3 Considering the period of custody, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional District and Sessions Judge, Bettiah, West Champaran in connection with S.Tr. No. 511 of 2016, arising from Balthar P.S. Case No. 4 of 2016, subject to the following conditions:- (i) One of the bailors shall be father/mother/wife/son 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 of the petitioner and (iv) The petitioner will report to the concerned Police Station by 7th of every months, at least, for six months and in case of failure without any valid rhyme or

Patna High Court Cr.Misc. No.16777 of 2017 (2) dt.26-04-2017 3/3 reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Mahesh/- U T