Sijay Musahar @ Shivjee Mushhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32822 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -KUCHHILA DistrictBHABHUA (KAIMUR) ====================================================== Sijay Musahar @ Shivjee Mushhar S/o Jhagru Mushahar resident of Village - Vinpurwa, P.S Ramgarh, District Kaimur (Bhabua) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv. For the Opposite Party/s : Mr. Parmanand Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 394 of IPC.

It is submitted that the FIR has been lodged against unknown. During investigation, on the basis of the report of the spy, the petitioner has been arrested and it is alleged that he has also made confession before the police. No recovery has been made from the possession of the petitioner nor the petitioner has been put on Test Identification Parade. He has been in custody since 28.4.2015. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances, the above

Patna High Court Cr.Misc. No.32822 of 2015 (2) dt.20-08-2015 2/2 named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua/court concerned after framing of charge in Kuchhila P. S. Case No. 7 of 2015 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

However, it is made clear that if the charge is not framed within a period of four months, it will be open to the petitioner to move this Court.

(Amaresh Kumar Lal, J) Kanchan/- U T