Jahid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16344 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== JAHID HUSSAIN Son of Mussaraf Hussain Resident of Village - Mirsurahiya, P.S.- Barhariya, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Uchakagaon P.S. Case No. 356 of 2021 for the offences under Section 394 of the Indian Penal Code.

The allegation in the FIR against the unknown persons is that three accused persons removed the key of the informant's bike and thereafter opened fire. However, he saved himself and ran away from the place of occurrence whereafter the accused persons escaped with his motorcycle. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that only

Patna High Court CR. MISC. No.16344 of 2022(3) dt.01-08-2022 2/3 because he has criminal antecedent, he has been implicated in this case although there has not been any recovery shown to him and the police in a routine manner has submitted charge sheet against him and others.

Taking into account the aforesaid facts as also that he is in custody since 18.01.2022 (as stated in paragraph-12 of the bail application) and charge sheet stands submitted, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchakagaon P.S. Case No. 356 of 2021, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police

Patna High Court CR. MISC. No.16344 of 2022(3) dt.01-08-2022 3/3 station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T