Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16454 of 2017 Arising Out of PS.Case No. -309 Year- 2016 Thana -SIWAN CITY District- SIWAN ====================================================== Saddam Hussain, S/o late Sadique Khan, resident of Purani Quila Pokhar, Chiktoli More, P.S.- Siwan Town, District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Siwan Town P.S.Case No. 309 of 2016 registered for the offences punishable under Section 382 of the Indian Penal Code. It has been submitted on behalf of the petitioner that except confessional statement of co-accused, on the basis of which petitioner has been remanded in this case, there is nothing against the petitioner and petitioner has been remanded in this case as he is in custody.

A report was called for from the Superintendent of Police, Siwan in connection with the aforesaid fact and S.P. has submitted a report at Flag 'Q' stating that accused was in custody at the time of remand in this case and I.O. without verifying the same has remanded the petitioner.

Considering the above facts and circumstances and also considering the fact that petitioner is in custody for about six

Patna High Court Cr.Misc. No.16454 of 2017 (5) dt.19-06-2017 2/2 months, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siwan Town P.S.Case No. 309 of 2016, G.R.No. 1449 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U