Alam Mian @ Alam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1967 of 2017 Arising Out of PS.Case No. -19 Year- 2015 Thana -SIMULTALA District- JAMUI ====================================================== Alam Mian @ Alam Ansari, son of Yusuf Ansari, resident of village Kanaudi, P.S. Simultalla, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Sri Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Simultalla P.S Case No. 19 of 2015 (G.R. Case No. 735A of 2015), registered for the offences punishable under Sections302, 201, 379, 34 of the Indian Penal Code.

The present case was lodged against unknown, but during course of investigation, the name of the petitioner transpires in the statement of police spy vide para 42 of the case diary which is evident from impugned order itself, thereafter, the informant in his re-statement and witness stated the name of the petitioner.

Submission is of false implication and that in this case similarly situated co-accused Murshid Mian has been allowed bail vide

Patna High Court Cr.Misc. No.1967 of 2017 (2) dt.20-01-2017 2/2 Cr. Misc. No. 25529 of 2016 and further other co-accused Karu Mian, Madran Mian, Kamrul Mian have also been allowed bail by different co-ordinate Benches of this Court. Except suspicion, there is nothing against the petitioner and the petitioner is suffering in custody since 15.11.2016 after his surrender. Learned A.P.P. fairly submits that other-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Simultalla P.S. Case No. 19 of 2015 (G.R. No. 735A of 2015), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T