Haidar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38592 of 2021 Arising Out of PS. Case No.-422 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Haidar Ali S/O Sartaj Ali Resident Of Pipariya, Gate No. 5, P.S.-PIPARIYA, District Garwara (M.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binoy Kumar Sinha For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Kadamkuan P.S. Case No. 422 of 2020, registered for the offence punishable under Sections 406, 420/34 of the Indian Penal Code. FIR has been lodged against 04 unknown for cheating the mother of informant wherein it is alleged that the miscreants took golden chain with locket and 04 bracelets and one ring and returned 02 duplicate bracelets and fled away. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, petitioner has been remanded in this case from Gandhi Maidan PS Case No. 338 of 2020 on 21.01.2021 in

Patna High Court CR. MISC. No.38592 of 2021(2) dt.24-09-2021 2/2 which his confessional statement has recorded before the police on the basis of which his name transpired in this case. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date and petitioner is in custody since 21.01.2021. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate XII, Patna in connection with Kadamkuan P.S. Case No.

422 of 2020, subject to following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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.