Md. Talib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29493 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -KODHA District- KATIHAR ====================================================== Md. Talib, Son of Md. Moim, Resident of Village- Gerabari Churipatti, Police Station- Korha, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Korha P.S. Case No. 102 of 2017, registered for the offences punishable under section 363 of the Indian Penal Code. Subsequently sections 302 and 201/34 of the Indian Penal Code were added to the set of allegations.

Allegation against the petitioner is under section 302 and 34 IPC.

Submission of learned counsel for the petitioner is that except confessional statement of the co-accused, there is absolutely nothing against the petitioner.

Heard learned APP who has opposed the prayer for bail.

Patna High Court Cr.Misc. No.29493 of 2017 (3) dt.18-07-2017 Having heard both sides, except confessional statement, there is nothing against the petitioner who is in custody for more than three months.

Considering the facts and circumstances of the case, let the petitioner Md. Talib be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 102 of 2017 subject to the conditions that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court;

(ii) The petitioner will not induce any witness or tamper with the evidence; and (iii) The petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) S.Sb/- U T