Raju Hasmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 16283 of 2018 Arising Out of PS.Case No. -67 Year- 2017 Thana -ARA RAIL P.S. District- BHOJPUR ====================================================== Raju Hasmi son of Iqbal Hasmi Resident of Village - Danwan, P.S. Jagdishpur, District - Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Prabhat Kumar Singh, Advocate For the S t a t e : Mr Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 392, 411/34 of Indian Penal Code.

First information report discloses snatching of mobile phone and Rs 500/- from the informant while he was travelling in a train. It is submitted by the learned counsel for the petitioner that only because amount of Rs 500/- has been recovered from the possession of the petitioner, which was in his bona fide possession, he has been implicated in this case on suspicion by preparing a seizure list in gross violation of the procedure prescribed under the Criminal Procedure Code. It is also submitted that till date, the petitioner has not been put on test

Patna High Court Cr.Misc. No.16283 of 2018 (3) dt.26-04-2018 2/2 identification parade and he is in custody since 31.08.2017. In the other case pending against the petitioner, prior to the instant case, he is already on bail.

Considering the aforesaid submissions, the petitioner's 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 Chief Judicial Magistrate, Rail, Ara in Ara Rail Police Station Case No 67 of 2017 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