Saddam Nut @ Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30991 of 2020 Arising Out of PS. Case No.-408 Year-2017 Thana- MAIRWAN District- Siwan ====================================================== Saddam Nut @ Saddam Hussain, Son of Sarfudin Nut, Resident of VillageSabeya, P.S.- Mirganj, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y. C. Verma, Sr. Advocate Mrs. Kumari Anupam, Advocate For the Opposite Party/s :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner. No one appears on behalf of the State, although the name of Advocate General appears in the cause list.
The petitioner is in custody in connection with Mairwa P.S. Case No. 408 of 2017 for the offence under Section 392 of the Indian Penal Code.
In the instant case, motorcyclists, in the age group of 24-25 years, snatched gold chain from the wife of the informant and a mobile phone and Rs.10,000/- cash from the informant. Mr. Y. C. Verma, learned senior counsel for the petitioner submits that the F.I.R. was lodged against unknown and only because of the bad character of the petitioner, he has been made accused in the present case. He further submits that neither the petitioner was named in the F.I.R. nor anything was recovered from his possession. The petitioner is in custody since
Patna High Court CR. MISC. No.30991 of 2020(2) dt.08-01-2021 2/2 15.04.2020, yet he has not been put on T.I.P. Considering the fact that the petitioner was not named in the F.I.R. and he has remained in custody for about nine months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Siwan in connection with Mairwa P.S. Case No. 408 of 2017 subject to the condition that the petitioner shall deposit Rs.50,000/- (Fifty thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.50,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.
(Anil Kumar Upadhyay, J) uday/- U T