Md. Amir @ Md. Wasif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27624 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -PHULWARI District- PATNA ======================================================
1. Md. Amir @ Md. Wasif Son of Md. Ashraf, Resident of Mohalla- Bauli, P.S.- Phulwarisarif, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner. No one appears on behalf of the State to assist the Court. The petitioner is in custody in connection with Sessions Trial No. 688A/2016 arising out of Phulwarisarif P.S. Case No. 133 of 2016 for the offences under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b), 26 and 35 of the Arms Act.
It appears that other co-accused, namely, Md. Saddam has already been granted bail by this Court in Cr. Misc. No. 38579 of 2016 vide order dated 17.9.2016, Md. Nanhay @ Nayar @ Nanhay has been granted bail by this Court in Cr. Misc. No. 42585 of 2016 vide order dated 6.10.2016, Md. Shahnawaz has been granted bail by this Court in Cr. Misc. No. 17493 of 2016
Patna High Court Cr.Misc. No.27624 of 2017 (2) dt.07-07-2017 2/2 vide order dated 29.4.2016 and Md. Saif has been granted bail in Cr. Misc. No. 17849 of 2016 vide order dated 3.5.2016. It is submitted on behalf of the petitioner that the case of the petitioner is similar to the aforesaid co-accused, who have been granted bail by this Court by different orders as mentioned above.
In view of the fact that the petitioner after remand is in custody since 9.12.2016 and the fact that similarly circumstanced other co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions JudgeX, Patna or the successor Court in connection with Sessions Trial No. 688A of 2016 arising out of Phulwarisarif P.S. Case No. 133 of 2016, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses. (Anil Kumar Upadhyay, J) S.Pandey/- U T