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Patna High CourtCR. MISC./76101/2018bail granted

Raj Amid @ Ramjan @ Rajan v. The State Of Bihar

2018-12-18Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76101 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== RAJ AMID @ RAMJAN @ RAJAN, son of Md. Sirajuddin, resident of village, Kankani Manuman Bazar, Police Station, Lobiyabad, District, Dhanbad (jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussain For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in K. Nagar P.S. Case No. 148 of 2018 registered for the offence punishable under Sections 392, 394 and 411 of the Indian Penal Code.

Informant is the driver of the Scorpio vehicle who has stated that owner of the aforesaid vehicle, Sataypal Singh informed him that three persons hired his vehicle from Dhanbad to Purnea and on the instruction of the owner, informant proceeded from Dhanbad to Rupauli. Three persons boarded the vehicle. On the basis of talk, informant has come to know the names of the aforesaid persons as Raja Irshad, Md. Jamal and Chhotu. At about 9.30 p.m. when the informant reached near August Nagar, Purnea, the aforesaid persons got

Patna High Court Cr.Misc. No.76101 of 2018(2) dt.18-12-2018 2/3 the informant ousted from the vehicle, fled away towards Purnea side with the aforesaid vehicle after giving Rs.500/- to the informant. The informant's mobile with two SIMS was also left in the vehicle.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R. and his name has surfaced in this case merely on suspicion and nothing has been recovered from his possession. It has further been submitted that coaccused, Md. Aklakh @ Md. Chotu named in the F.I.R. has already been granted bail by a co-ordinate Bench of this Court, as contained in Annexure 2.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 148 of 2018, 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

Patna High Court Cr.Misc. No.76101 of 2018(2) dt.18-12-2018 3/3 by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his 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) Sanjay/- U T