Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39495 of 2018 Arising Out of PS.C.ase No. -437 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Saddam Hussain, S/o Santu Mian, R/o Village- Mahuwa, P.S.- Chanpatiya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Chanpatiya P.S. Case No. 437/2017, instituted for the offence punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is no recovery from the possession of this petitioner. In the written report, it is alleged that the motorcycle of the informant was stolen by unknown persons. The name of this petitioner has transpired during the course of investigation in the confessional statement of co-accused Raj Kumar Giri.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.39495 of 2018 (3) dt.26-07-2018 2/2 the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chanpatiya P.S. Case No. 437/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Kamla Prasad learned Judicial Magistrate, Ist Class, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T