Md. Shaifullah @ Shaifallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8105 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- DEO District- Aurangabad ====================================================== MD. SHAIFULLAH @ SHAIFALLAH Late Abdul Rahman Resident of Village-Bala Pokhar, P.S.- Deo, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Deo P.S. Case No. 125 of 2018 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant has alleged that his brother Ram Pukar Paswan had left the house on 25.10.2018 and thereafter was traceless. On 27.10.2018 the dead body of his brother was found in a well near the village. It has further alleged that Ramji Gahlot wants to grab his land and due to this reason he along with his four brothers have killed his brother. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.8105 of 2019(3) dt.03-04-2019 2/3 petitioner is not named in the FIR. He has been implicated in this case during investigation by the I.O. only on the basis of statement given by witness U/s 164 of Cr.P.C. There is no eyewitness of the occurrence. Petitioner has no criminal antecedent and he is in custody since 05.12.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Deo P.S. Case No. 125 of 2018 subject to the conditions that:-

(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 by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tamper with the

Patna High Court CR. MISC. No.8105 of 2019(3) dt.03-04-2019 3/3 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) veena/- U T