Md. Chotoo @ Murli @ Saddam v. The State Of Bihar

Patna High Court Cr.Misc. No.25029 of 2018 (2) dt.16-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25029 of 2018 Arising Out of PS.Case No. -920 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Md. Chotoo @ Murli @ Saddam S/o Md. Newal @ Md. Muso @ Md. Israil, R/o Mohalla- Near Bari Masjid Jhoparpatti Bhikanpur, P.S.- Ishakchak, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 30.06.2015 in connection with Kotwali (Tilkamanjhi) P.S. Case No. 920 of 2014 registered for the offences punishable under Section 395 of the Indian Penal Code. Later on, Section 412 of the Indian Penal Code was added. Learned counsel for the petitioner submits that no recoveries were made from the petitioner and he is not named in the First Information Report yet on the basis of the confessional statement made before the police by one Md. Qasim, the petitioner is languishing in jail. It is further submitted that till date, the petitioner has not been placed on T.I. Parade.

Taking into consideration such facts and circumstances and that the petitioner has already been in custody for a long period, let

Patna High Court Cr.Misc. No.25029 of 2018 (2) dt.16-05-2018 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District and Sessions Judge, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 920 of 2014, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T