Bablu Sain @ Naushad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54499 of 2016 Arising Out of PS.Case No. -46 Year- 2015 Thana -SIWAN CITY District- SIWAN ====================================================== Bablu Sain @ Naushad Ali, Son of Late Nausher Sain, Resident of Village : Mandrapali, P.S. Pachrukhi, District : Siwan. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the informant : Mr. Satyendra Rai, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Siwan Town P.S.Case No. 46 of 2015 registered for the offences punishable under Sections 147, 148, 149, 452, 307, 302 of the Indian Penal Code and 27 of the Arms Act.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR and after two months the informant has named this petitioner also but has not attributed any allegation against him and now charge-sheet has been submitted and the petitioner is in custody for four months. Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that the petitioner has antecedents. However, they do not disclose any specific allegation against the petitioner.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.54499 of 2016 (3) dt.03-02-2017 2/2 facts, let the petitioner, Bablu sain @ Naushad Ali, 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. 46 of 2015, 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 the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U