Saiyed Sahid Ahmad @ Raja Babu @ Syed Shahid Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30502 of 2019 Arising Out of PS. Case No.-14 Year-2011 Thana- CHANPATIA District- West Champaran ====================================================== Saiyed Sahid Ahmad @ Raja Babu @ Syed Shahid Ahmad Son of Saiyed Babu Aham Resident of Village - Basra, P.S.- Majhauliya, District - West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party :

Mr.Jitendra Kr Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under section 392 of the Indian Penal Code. Prosecution's case is that three unknown miscreants robbed a motorcycle, clothes worth Rs.7400/- and a motorcycle from the informant on the point of a pistol.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the confessional statement of a co-accused. Nothing incriminating has been recovered from the petitioner's possession. Petitioner had earlier been allowed anticipatory bail by a bench of this Court vide order dated 18.4.2012, passed in Cr.Mis.No. 13999/2012 (Annexure 1) but as he was already in custody in connection with some other case, he could not surrender before the Court

Patna High Court CR. MISC. No.30502 of 2019(4) dt.16-10-2019 2/2 below for furnishing the bail bonds and when he was released on bail in the earlier case, he was remanded in the instant case on 5.3.2019. Charge sheet has also been filed in the case. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate, West Champaran at Bettiah in Chanpatia Police Station Case No. 14 of 2011 on the following conditions:-

(1) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T