Md. Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27662 of 2015 Arising Out of PS.Case No. -124 Year- 2013 Thana -SIKANDARA District- JAMUI ======================================================

1. Md. Jasim Son of Seraj Sah Resident of Village - Premdiha, P.S. Halsi, District Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Sikandra P.S. Case No. 124 of 2013 registered for the offences punishable under Section 395 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and it is submitted that he is in custody since 30.03.2015. Nothing has been recovered from his possession or from his house. He has not been put on T.I.P. and other co-accused, similarly situated, have been granted bail by the learned court below itself but as the petitioner has got criminal antecedent and, as such, his prayer has been rejected.

Learned A.P.P. fairly submits that besides the criminal

Patna High Court Cr.Misc. No.27662 of 2015 (4) dt.14-10-2015 2/2 antecedent of the petitioner which is mentioned in Para-3 of the application, there is nothing against the petitioner in the case diary.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate 1st Class, Jamui arising out of Sikandra P.S. Case No. 124 of 2013 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U