Md. Hussain @ Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 3200 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Md Hussain @ Hasan S/o Md Habibur Rahman, R/o Village- Mozabari, P.S.- Kochdhaman, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Diwakar Sinha, Advocate For the S t a t e : Mr Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Section 394 of Indian Penal Code.

The petitioner, who is having clean antecedent, has been implicated in a case of alleged snatching of motorcycle, mobile phone and some other articles. The first information report was against unknown persons and the petitioner has been implicated on the basis of confessional statement of co-accused Mojibur Rahman which has led to recovery of one sickle. The submission is that he is the bona fide user of the sickle due to the agricultural activities and that the said Mojibur Rahman, on whose confession the sickle has been recovered, has been allowed bail by this Court in Cr Misc No 57867 of 2017.

Patna High Court Cr.Misc. No.3200 of 2018 (2) dt.19-01-2018 2/2 Considering the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Kishanganj in Kochadhaman Police Station Case No 106 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T