Jakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19535 of 2023 Arising Out of PS. Case No.-574 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== JAKIR HUSSAIN SON OF SAGIR ALAM @ SAGIR MIYA R/O VILLAGE- SAPHAPUR, P.S.- MANJHAGARH, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Basantpur P.S. Case No. 574 of 2021 dated 27.12.2021 registered for the offence under Sections 394 of the Indian Penal Code.

The petitioner along with his associates fired upon the informed and taken away several jackets from this shop. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case on the basis of self confessional

Patna High Court CR. MISC. No.19535 of 2023(3) dt.12-07-2023 2/3 statement of the petitioner which was recorded in connection with Manjhagarh P.S. Case No. 362 of 2021. He further submits that nothing incriminating has been recovered from the house or conscious possession of the petitioner and no T.I.P. has been conducted by the prosecution till date. Save and except the self confessional statement of the petitioner, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 13.10.2022. Learned A.P.P.

for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- Ist Class, Siwan in connection with Basantpur P.S. Case No.

Patna High Court CR. MISC. No.19535 of 2023(3) dt.12-07-2023 3/3

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T