Bala @ Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49070 of 2019 Arising Out of PS. Case No.-112 Year-2017 Thana- PAHARKATTA District- Kishanganj ====================================================== BALA @ SADDAM HUSSAIN Son of Nasiruddin @ Md. Nazrul Resident of Village - Hakalbari, P.S.- Paharkatta, Dist.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Hussain For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant has alleged in his written complaint that on 30.11.2017 he along with his co-villager was going on his motorcycle when four miscreants who were holding rope in their hands and 5 to 6 other miscreants who were sitting there stopped him and thereafter on the strength of arms snatched away his motorcycle and mobile and fled away. He recognized one of the accused as Naziruddin.

It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case on the basis of information given by the Spy and his own confession. Nothing

Patna High Court CR. MISC. No.49070 of 2019(3) dt.30-09-2019 2/2 has been recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Paharkatta P.S. Case No. 112 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U