Wakil Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 11782 of 2018 Arising Out of PS.Case No. -32 Year- 1998 Thana -GOBARDHANA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Wakil Mian, son of Late Ramjan Mian, Resident of Village- Ramwaliya, Babar Tola, P.S.- Semra, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== For the Petitioner/s : Mr Vijay Kr Singh No 1, Advocate For the S t a t e : Mr S Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 366A of Indian Penal Code.

It is submitted by the petitioner's counsel that the allegation of kidnapping in the first information report is of the year, 1998. Petitioner's name has surfaced merely on the basis of suspicion in the supervision note of the Deputy Superintendent of Police along with one Shambhu Bhar, who has since been acquitted under judgment dated 04.05.2012 passed in Sessions Trial No 435 of 2010 of the Additional Sessions Judge IV, Bagaha, West Champaran. It is submitted that subsequent upon his arrest in this case on 15.10.2016, the petitioner has been

Patna High Court Cr.Misc. No.11782 of 2018 (3) dt.06-04-2018 2/2 implicated in three other cases, details of which have been stated in paragraph 3 of the petition. It is further submitted that till date, not a single witness has been produced on behalf of the prosecution.

Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Bagaha, West Champaran in Sessions Trial No 106 of 2017, CIS No 3128 of 2017 arising out of Goberdhan Police Station Case No 32 of 1998 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T