Md. Saddam Hussain @ Md. Saddam Hussian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75119 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- BARSOI District- Katihar ====================================================== MD. SADDAM HUSSAIN @ MD. SADDAM HUSSIAN S/o Md. Sohrab Alam, resident of Village- Jarhanda, P.S. Azamnagar, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh, Advocate For the Opposite Party/s :

Smt. Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Barsoi P.S. Case No. 124 of 2017 registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

Informant has alleged that when he was returning home after collecting of Rs. 1,26,000/- by his motorcycle, in way miscreants intercepted him, thereafter, they took out bag containing with aforesaid cash and one mobile took out from the pocket of the informant.

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 merely on suspicion. Petitioner is

Patna High Court Cr.Misc. No.75119 of 2018(3) dt.21-12-2018 2/2 not named in the FIR and no T.I.P. has been conducted. Nothing was recovered from the possession of the petitioner. Petitioner is in custody since 10.09.2018.

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 learned C.J.M., Katihar, in connection with Barsoi P.S. Case No. 124 of 2017, 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