Saif Ali @ Mahtab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17551 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Saif Ali @ Mahtab, Son of Munna Khan, Resident of Village - Chaknagra, P.S. Mehshi, District - East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Nachiketa Jha, Advocate For the Opposite Party : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Mehshi PS case no. 137/2015 registered for the offences punishable under Sections 385, 386, 387/34 of the Indian Penal Code and 3, 4 and 5 of Explosive Substance Act. The petitioner is not named in the first information report, during investigation it reveals that SIM used were issued in the name of two different ladies and the two ladies disclosed the name of Ravindra Ram thereafter the petitioner has also been implicated showing

him as the friend of Ravindra Ram.

Submission is that the statements of the ladies appear not reliable and believable and further Ravindra Ram has already been allowed bail, the mobile recovered from the house of the petitioner does not tally with the number given in the first information report by which ransom was demanded. The petitioner has no criminal antecedent and he is in custody since 12.09.2015. The learned A.P.P. fairly submits that Ravindra Ram has been allowed bail.

In the facts and circumstances stated above the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari arising out of Mehshi PS case no. 137/2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall

remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) rinkee/- U T