Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11240 of 2015 Arising Out of PS.Case No. -385 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Md. Mukhtar, S/o Md. Rasid, Resident of village - Chakanbada, P.S. Dalsingsarai, Distt. - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-05-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/120B of the Indian Penal Code.

It is submitted that there is no allegation against the petitioner to have assaulted the deceased. There is specific allegation of assault against the co-accused Md. Meraz @ Jugnu. The petitioner is in custody since 12.08.2014 having no criminal antecedent. However, after investigation, the charge sheet has already been submitted and there is no chance of tempering with the evidence.

Considering the facts and circumstances of the case, let the

Patna High Court Cr.Misc. No.11240 of 2015 (2) dt.20-05-2015 2/2 above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in Dalsingsarai P.S. Case No.385/2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T