Tarik Malik @ Tarik Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11284 of 2019 Arising Out of PS. Case No.-644 Year-2018 Thana- KOTWALI District- Patna ====================================================== Tarik Malik @ Tarik Haidar, aged about 40 years, Male, Son of Abul Khair @ Mohammad Abul Khair, Resident of In front of near Bari Masjid, P.SJehanabad , Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kotwali P.S. Case No. 644/2018 registered for the offence punishable under Sections 302, 120(b) of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is widow of deceased has named 7 persons in the FIR including petitioner whom she suspects to have killed her husband due to land dispute. Informant is not an eye witness and raised suspicion only. Petitioner is accused in one more case under Section 384, 504 read with Section 34 of I.P.C.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It

Patna High Court CR. MISC. No.11284 of 2019(2) dt.07-03-2019 2/2 has further been submitted that there is no specific allegation of any overt act against the petitioner. Petitioner is in custody since 29.09.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kotwali P.S. Case No. 644/2018, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the 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) Sanjay/- U T