Md Sarik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19354 of 2021 Arising Out of PS. Case No.-670 Year-2019 Thana- AMARPUR District- Banka ====================================================== Md Sarik Son of Md Abbas Resident of Village - Dona, P.S.- Amarpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2021 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 Section 364/34 of the Indian Penal Code. Later on offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act were added. Submission is that informant is not an eyewitness of the occurrence. Some unknown person reported to the informant that five persons including the petitioner kidnapped to his son. The case-diary would reveal that no such witness appeared before the police to support that he had seen the petitioner and others along with the son of the informant.

Considering the nature of material co-accused Ravi Kumar was allowed bail by a coordinate Bench of this Court in

Patna High Court CR. MISC. No.19354 of 2021(3) dt.26-10-2021 2/2 Cr. Misc. No.42996 of 2021. Investigation of the case is already complete. The petitioner is in custody since 13.10.2020. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (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 Amarpur P.S. Case No.670 of 2019 with following conditions:

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

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T