Sakib @ Md. Sakib And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27039 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -KASBA District- PURNIA ======================================================

1. Sakib @ Md. Sakib S/o Aabid

2. Md. Istiyaque S/o Late Jamil All residents of Village - Sanjheli, P.S. - Kasba, District - Purnea.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate For the Informant : Mr. P.K.Mallik, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Kasba P.S.Case No. 109 of 2016 registered for the offences punishable under Sections 302, 34 and 120B of the Indian Penal Code.

Petitioners are named in the FIR.

It has been submitted on behalf of the petitioners that only because of the fact petitioners were seen fleeing away from the place of occurrence they have been made accused in this case and post mortem report shows no external injury on the person of deceased and they are in custody since 10.4.2017. It has further been submitted that co-accused has been granted bail by a coordinate Bench of this Court in Cr.Misc.No. 8191 of 2017, vide order dated 10.3.2017.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail. Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.27039 of 2017 (3) dt.12-07-2017 2/2 facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Kasba P.S.Case No. 109 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their 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 their bail.

(Vinod Kumar Sinha, J) spal/- U