Patna High CourtCR. MISC./10382/2019bail granted

Md.Shahrukh @ Dablu Mian @ Shahrukh v. The State Of Bihar

2019-05-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10382 of 2019 Arising Out of PS. Case No.-373 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== Md.Shahrukh @ Dablu Mian @ Shahrukh Son of Ali Ahmad @ Ali Ahmad Khan Resident of Mohalla-Baswaria Beech Mohalla ward no.28, P.S- Bettiah District-West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Nath Jha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

The petitioner and co-accused Zahid Ezaj took the deceased from his house and thereafter, only dead body of the victim i.e. son of the informant was found. The petitioner and co-accused Zahid Ezaj were arrested by the police and they confessed their guilt before the police.

Submission is that co-accused Zahid Ezaj has been allowed bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 19365 of 2018. Petitioner has got no

Patna High Court CR. MISC. No.10382 of 2019(4) dt.06-05-2019 2/2 criminal antecedent and he is in custody since 15.10.2018. Considering the aforesaid fact, let the petitioner, above named, be released on bail after framing of charges on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bettiah Muffasil P.S. Case No. 373 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Banti/Rajan U T