Md. Saddam @ Md. Sadam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85359 of 2019 Arising Out of PS. Case No.-183 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Saddam @ Md. Sadam, Son of Md. Mursid, Resident of Village - Jafarganj, P.S.- Town, Distt - Katihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Mufassil P.S. Case No. 183 of 2019 registered for the offences punishable under Sections 341, 323,307,379/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing has been recovered from the possession of the petitioner.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner

Patna High Court CR. MISC. No.85359 of 2019(2) dt.09-01-2020 2/3 that the co-accused Dilwar has been granted regular bail by a learned Co-ordinate Bench of this Court vide order dated 19.11.2019 passed in Cr. Misc. No. 71838 of 2019 and that the petitioner has remained in custody for more than four months by now, the investigation against him is complete and there is no chance of tampering with the evidence or influencing the witnesses and further that the petitioner has no criminal antecedent prior to the present case, let the petitioner above named be released on bail in connection with Mufassil P.S. Case No. 183 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.85359 of 2019(2) dt.09-01-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/vats U T