Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75088 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- PARSAUNI District- Sitamarhi ====================================================== Saddam Hussain Son of Kalam Mansuri Resident of Village- Ganeshpur, Ward No. 11, P.S. Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Sri Anish Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Parsauni P.S. Case No. 62 of 2018 (G.R. No. 4020 of 2018) registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code. Allegation against petitioner is of purchasing a stolen vehicle.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is a bonfide purchase of the motorcycle and for which the original owner who had sold the motorcycle to petitioner has filed application for release of vehicle. Petitioner has no criminal antecedent and is in

Patna High Court Cr.Misc. No.75088 of 2018(2) dt.14-12-2018 2/2 custody since 20.09.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar, learned Judicial Magistrate 1st Class, Sitamarhi, in connection with Parsauni P.S. Case No. 62 of 2018 (G.R. No. 4020 of 2018), subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers 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.

(S. Kumar, J) Rajiv/- U T