Badshah @ Md. Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59496 of 2019 Arising Out of PS. Case No.-366 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Badshah @ Md. Sajjad @ Md. Sajjad, Son of Md Kalam, Resident of Village - Khuski Bagh, P.S.- Sadar, Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

Mr. Amarnath Singh, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Sadar P.S. Case No.366 of 2019 giving rise to Special Case No.547 of 2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to local village politics. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the petitioner is said to be in custody since 28.07.2019,

Patna High Court CR. MISC. No.59496 of 2019(3) dt.27-11-2019 2/2 chargesheet has already been filed against him and that the owner of the Pick-up van namely Kundan Kumar has already been granted regular bail vide order dated 23.08.2019 passed in Cr.Misc.No.52622 of 2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District Judge-cum-Special Judge, Excise, Purnea in connection with Sadar P.S. Case No.366 of 2019 giving rise to Special Case No.547 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

arvind/- (Rajeev Ranjan Prasad, J) U T