Sajjad Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53111 of 2017 Arising Out of PS.Case No. -231 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sajjad Alam, Son of Mohammad Mian @ Mohmmad Alam.
2. Masum Alam, Son of Kari Mistri.
3. Izhar Alam, Son of Samsul Haque, All are Residents of VillageKatahari, P.S.- Sathi, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Chanpatia (Sirsia O.P.) P.S. Case No. 231 of 2017, registered for offences punishable under Section 392 of the Indian Penal Code. Allegation against the petitioners is of snatching Rs. 67,000/- and a mobile from the informant and his father. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and it is alleged that petitioner no. 2 and 3 fled away and petitioner no. 1 was caught on chase in a sugarcane field, who disclosed the name of other accused persons, however, nothing has been recovered from possession of the petitioners. Further petitioner no. 1 has been in custody since 21.06.2017 whereas petitioner no. 2 and 3 has been
Patna High Court Cr.Misc. No.53111 of 2017 (2) dt.15-11-2017 2/3 in custody since 14.07.2017.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, so far petitioner nos. 2 and 3 are concerned, they are directed to be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, West Champaran, Bettiah, in connection with Chanpatia (Sirsia O.P.) P.S. Case No. 231 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.53111 of 2017 (2) dt.15-11-2017 3/3 prosecution is free to move for cancellation of their bail bonds.
So far petitioner no. 1, is concerned, considering the fact that he has been arrested on chase, I am not inclined to release the petitioner on bail at this stage. However, once charge is framed in this case, the court below shall release the petitioner on bail to his own satisfaction.
With this observation this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T