Chhote Miyan @ Chotee Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35684 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- BARHARIA District- Siwan ====================================================== CHHOTE MIYAN @ CHOTEE MIYA Son of Gafoor Miyan Resident of Village - Noorhata, P.S.- Barhariya, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 31.01.2018 in connection with Barhariya P.S. Case No. 21/2018 registered for the offence punishable under Sections 363 of the Indian Penal Code. Subsequently, section 302/201 of the I.P.C. was added. Learned counsel for the petitioner submits that the case of the petitioner is identical to the case of the petitioner Masoom Raja who has since been granted bail in connection with the present case in Cr. Misc. No. 16237/2019 vide order dated 10.04.2019 and he may also be extended the same privilege.

In view of the aforementioned facts and circumstances and that the petitioner is placed similarly, let the petitioner above named be released on bail, on furnishing bail

Patna High Court CR. MISC. No.35684 of 2019(2) dt.21-06-2019 2/2 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 7th, Siwan, in connection with Barhariya P.S. Case No. 21/2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T