Patna High CourtCR. MISC./51537/2017bail granted

Saddam Hussain v. The State Of Bihar

2017-11-09Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.51537 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51537 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Saddam Hussain, son of Jabbar Khan, resident of Village- Darawa, P.S.- Mohania, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.04.2017 in connection with Mohania P.S. Case No. 178 of 2017 for the alleged offences under Section 25(1-B)A/26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one 'katta' from the possession of the petitioner. It is submitted that no cartridge was recovered from the petitioner. The petitioner was not accused in any criminal case prior to the present and thereafter has been remanded in Mohania P.S. Case No. 175 of 2017.

4. Be that as it may and having regard to the period of custody since 23.04.2017 let the petitioner above named 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 178 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.51537 of 2017 (2) dt.09-11-2017 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U