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Patna High CourtCR. MISC./5069/2016bail granted

Saddam @ Md. Saddam Khan @ Saddam Khan v. The State Of Bihar

2016-05-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5069 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -HASPURA District- AURANGABAD ======================================================

1. Saddam @ Md. Saddam Khan @ Saddam Khan son of Md. Salim Khan resident of village - Haspura Deeh, P.S. Haspura, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code. Earlier this Court vide order dated 5.11.2015 passed in Cr. Misc. No. 49321 of 2015 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after nine months in jail custody.

The petitioner is in jail since 28.8.2015 and he has already completed nine months in jail custody. Looking to the period of custody, let petitioner, Saddam @ Md. Saddam Khan @ Saddam Khan, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.5069 of 2016 (4) dt.04-05-2016 sureties of the like amount each to the satisfaction of the S.D.J.M. Daudnagar, Aurangabad, in connection with Haspura P.S. Case No.61 of 2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) Vinay/- U T