Md. Hakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46776 of 2013 ====================================================== Md. Hakim Son of Late Shahid Mian, Resident of Village - Yogia, P.S.- Ladania, District - Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the Informant : Mr. Sanjay Kumar Jha, Adv. For the State : Mr. Sarda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-12-2013 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with S.Tr. No. 214 of 2013 arising from Rajnagar P.S. Case No. 272 of 2012 registered for offence under section 396 of the Indian Penal Code.

The petitioner carries five cases over his head in similar situated sections.

A dacoity was committed in the house of the informant where the criminals shot dead the father of the informant and looted the valuables. In the confessional statement, the petitioner has accepted about his involvement. The counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.46776 of 2013 (3) dt.24-12-2013 2/2 petitioner was put on T.I.P. but was not identified. He further submits that the petitioner is in custody since 22.2.2013. Looking to the period of custody of the petitioner, let the petitioner, Md. Hakim, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-II, Madhubani in connection with S.Tr. No. 214 of 2013 arising from Rajnagar P.S. Case No.

272 of 2012, subject to the condition 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 (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner is directed to make report to the concerned police station in 1st week of each and every month.

(Shivaji Pandey, J) Mahesh/-