Sahdul @ Saidul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33115 of 2016 Arising Out of PS.Case No. -202 Year- 2016 Thana -SIWAN CITY District- SIWAN ======================================================

1. Sahdul @ Saidul, S/o Late Yusuf Mulla, resident of Panga Siyar, P.S.- Kalkini, District-Madaripur (Bangladesh)

2. Md. Hasan, S/o Late Abdul Samana, R/o Village-Janpur, P.S.- Keshupur, District-Masur Bangladesh .... .... Petitioners

Versus

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

For the Petitioners : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 13.03.2016 in connection with Siwan Town P.S. Case No. 202 of 2016 for the offences alleged under Sections 399, 402, 413 and 414/34 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated and in any event, recovery of one knife, one screw driver and a piece of rope has been recovered from possession of petitioner no.1 whereas one iron rod, rope and small balance has been recovered from petitioner no. 2. It is further submitted that similarly situated accused persons namely, Khurshid Ahmad @ Pappu and Md. Abdul Malik have been granted bail by this Court in Cr. Misc. No. 21452 of 2016 and Cr. Misc. No. 31462 of 2016, respectively. Petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be

Patna High Court Cr.Misc. No.33115 of 2016 (3) dt.20-08-2016 2/2 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 202 of 2016 with the following conditions:

(i) That one of the bailors of each of the petitioners shall be their close relative.

(ii) That the petitioners shall not indulge in any similar offence.

(iii) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioners shall deposit their passport before the learned Court concerned and shall not leave the country without seeking its prior permission.

(Vikash Jain, J) B.T/-Ibrar U T