Rais Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68788 of 2019 Arising Out of PS. Case No.-187 Year-2017 Thana- LAURIA District- West Champaran ====================================================== RAIS MIAN Son of Habib Mian @ Habib Resident of Village- Padrauna, Police Station- Kotwali Padrauna, District- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.

Allegation against is of snatching motorcycle and Rs. 1,29,000/- of the informant by four unknown miscreants. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR. It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Satyrajeet Chaudhary @ Ajay Chaudhary. Similarly, situated co-accused persons have been granted bail by co-

Patna High Court CR. MISC. No.68788 of 2019(2) dt.04-12-2019 2/2 ordinate benches of this Court vide orders dated 18.12.2017 in Criminal Miscellaneous No. 58569 of 2017, 11.05.2018 in Criminal Miscellaneous No. 22354 of 2018 and 12.10.2018 in Criminal Miscellaneous No. 62827 of 2018. Petitioner is in custody since 13.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Lauria P.S. Case No. 187 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