Md. Saddam @ Md. Saddam Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14842 of 2020 Arising Out of PS. Case No.-913 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Md. Saddam @ Md. Saddam Husain S/o Md. Kalim Ansari R/o Village- Ward No. 11 Bisen Tola Jagdishpur, P.S.- Jagdishpur, District- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Ara Nawada P.S. Case No. 913 of 2019, registered for the offence under Sections 461, 379 of the Indian Penal Code.

As per First Information Report, it is alleged that some miscreants, by breaking the locks of gates of temple, have stolen the Danpetti of the temple.

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. and he has falsely been implicated. Name of petitioner has come during investigation. It is further submitted that petitioner has been remanded in this case on 27-12-2019 on the basis of confessional statement of co-accused Krishna Bind. In this case, chargesheet has already been

Patna High Court CR. MISC. No.14842 of 2020(3) dt.02-06-2020 2/2 submitted and as such, there is no chance of tampering with the evidence.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 913 of 2019 on the following conditions: "(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T