Md. Raju @ Rajju Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69239 of 2018 Arising Out of PS. Case No.-44 Year-2016 Thana- CHHABILAPUR District- Nalanda ====================================================== Md. Raju @ Rajju Miyan Son of Tota Miyan@ Md. Halim Tailor Resident of Village- Noorsarai, P.S. Noorsarai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Ranjan Sinha For the Opposite Party/s :
Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA O14RAL ORDER 05-12-2018 The petitioner seeks regular bail in connection with Chhabilapur P.S. Case No. 44 of 2016, registered for offences punishable under Section 414 of the Indian Penal Code, Section 139 Electricity Act and Sections 25(1-b)a, 26/35 of the Arms Act. Allegations as per F.I.R. is that police intercepted Ambassador car, however, the miscreants succeeded in fleeing away and from there, one country made loaded pistol, pieces of aluminum electricity wire, one wire cutter and several other articles were recovered and seized from the car. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his conscious possession. Further submission is that he has been implicated in this case only on the basis of confessional statement of co-accused person. It is also submitted
Patna High Court Cr.Misc. No.69239 of 2018(2) dt.05-12-2018 2/2 that other co-accused persons having similar allegation have already been granted bail by Coordinate Bench of this Court vide order dated 04.02.2017 passed in Cr. Misc. No.2281 of 2017, vide order dated 08.03.2017 passed in Cr. Misc. No. 8141 of 2017 and vide order dated06.03.2017 passed in Cr. Misc. No. 9919 of 2017.Though he is accused in four other cases, but he is on bail in that cases and in this case, he is in judicial custody since 26.06.2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Nalanda at Biharsharif, in connection with Chhabilapur P.S. Case No. 44 of 2016, subject to the condition that one of the bailor shall be his close relative having sufficient property within the jurisdiction of the court concerned and petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) chn/Amjad/- U T