Raju Miyan @ Rajju Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53850 of 2019 Arising Out of PS. Case No.-111 Year-2017 Thana- DHANARUA District- Patna ====================================================== RAJU MIYAN @ RAJJU MIYAN Son of Tota Miyan @ Md. Halim Tailor Resident of Naya Tola, Noorsarai, P.S. - Noorsarai, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Mishra For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

Informant has alleged that on 09.03.2017, while he was returning with his family members obstruction was made on the road and 7 to 8 unknown persons looted their belongings and articles on the strength of arms.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion and has been remanded in this case from Nawada P.S. Case No. 412 of 2017. No looted article has been recovered from the possession or from the house of the petitioner. Petitioner is in custody since

Patna High Court CR. MISC. No.53850 of 2019(3) dt.01-10-2019 2/2 04.01.2019.

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 Dhanarua P.S. Case No. 111 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