Jalil Miyan @ Khan @ Jalim Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49595 of 2017 Arising Out of PS.Case No. -117 Year- 2015 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Jalil Miyan @ Khan @ Jalim Miyan son of Late Idrish Miyan, resident of Village- Bagahi, Police Station- Itarhi, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 394 of the Indian Penal Code.

The FIR discloses snatching of motorcycle and some injuries inflected upon the informant by the accused persons. Counsel for the petitioner submits that the FIR has been lodged against unknown persons and he has been implicated in this case only on the statement of co-accused Baliram Mishra @Barey Mishra. He further submits that though he is in custody since 27.05.2017 but the 'Test Identification Parade' has not been held. He also submits that petitioner is accused in two other cases which have been disclosed in para 3 of the petition but he is on bail.

In the facts and circumstances of the case, prayer for bail of

Patna High Court Cr.Misc. No.49595 of 2017 (2) dt.18-10-2017 2/2 the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in Dawath P.S. Case No. 117 of 2015 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T