Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38491 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== SADDAM HUSSAIN Son of Khedu Mian @ Khedu Miya Resident of village - Jagdamba Nagar, Baswariya Ward No.- 29, Dhuniyapatti, P.S.- Bettiah Town, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with Bettiah Town P.S. Case No.221 of 2022 instituted under Section 411 of the Indian Penal Code lodged on 26.03.2022 by the informant Anamika Sharma.

As per the FIR, the informant alleged on 26.03.2022 while she was on way to her hostel and on getting down from the Train at Bettiah Railway Station and was near the hostel on the point of knife her purse, mobile bearing its SIM No.9875479773, Tab and other articles was snatched by the unknown persons. Accordingly, the FIR.

The contention of the learned counsel for the petitioner is that although he was taken into custody, there has

Patna High Court CR. MISC. No.38491 of 2023(2) dt.07-07-2023 2/3 not been any TI parade and even the articles that police claims to have recovered does not match with the allegation made in the FIR. The last submission is that he is in custody since 29.03.2023 (as stated in para-11 of the petition). Learned APP opposes the prayer for bail.

Considering the fact that the petitioner has remained in custody since 29.03.2023 and no TI parade has been done, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bettiah Town P.S. Case No.221 of 2022 to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.38491 of 2023(2) dt.07-07-2023 3/3 police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T