Md. Sahil @ Chhotu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72777 of 2022 Arising Out of PS. Case No.-329 Year-2022 Thana- HISUWA District- Nawada ====================================================== MD. SAHIL @ CHHOTU MIYAN S/O LATE JUMMAN MIYAN Resident of village- Hisua, P.S.- Hisua, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Sharan, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Hisua P.S. Case No. 329 of 2022, registered for the offences punishable under Sections 414 of the I.P.C. and Section 25(1-b)a/26.

As per allegation, two accused persons namely Md. Saddam and Md. Golden were arrested in connection with Nagar P.S. Case No. 574 of 2022. They confessed their guilt and their involvement in some cases of dacoity and they also disclosed the name of the present petitioner, and stated that out of Rs. 169720/-, Rs. 50000/- might be recovered from the house of the petitioner and some arms and ammunition also might be

Patna High Court CR. MISC. No.72777 of 2022(3) dt.27-04-2023 2/3 recovered from his house. Thereafter, the police raided the house of the petitioner and three country-made pistols, one country made tharnet and four live cartridges were recovered from possession of the petitioner.

The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated. The coaccused persons were arrested in another case and in their confessional statement the name of the petitioner has been figured. He has further submitted that the petitioner is under custody since 10.06.2022.

On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is involved in case of dacoity and some of the articles have been recovered from his house.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Nalanda in connection with Hisua P.S. Case No. 329 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial.

Patna High Court CR. MISC. No.72777 of 2022(3) dt.27-04-2023 3/3 In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T