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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24055 of 2019 Arising Out of PS. Case No.-281 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== MD. SADDAM @ SADAM HUSSAIN Son of Md. Islam @ Isalam Resident of Village - Abgila (Jagdishpur), P.S.- Muffasil, Distt - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mufassil P.S. Case No. 281 of 2018 for the offence punishable under Section 414 of the Indian Penal Code.

From the First Information Report, it appears that police recovered a pick-up van from the garage of the petitioner, leading to his implication in the case.

Learned counsel appearing on behalf of the petitioner has submitted that there is no allegation in the First Information Report, if the same is read carefully, that the petitioner was knowing that the vehicle, which was recovered from his garage, was stolen one. He has been implicated by the police, as is evident from the First Information Report, on the suspicion that the petitioner managed to escape from the garage,

Patna High Court CR. MISC. No.24055 of 2019(2) dt.15-04-2019 2/2 when the police had conducted the raid.

On perusal of the First Information Report, I find substance in the said submission.

Considering the above, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Gaya, in Mufassil P.S. Case No. 281 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T