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Patna High CourtCR. MISC./35805/2017allowed

Md. Shamsed @ Shamshad @ Chhedi v. The State Of Bihar

2017-08-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35805 of 2017 Arising Out of PS.Case No. -104 Year- 2015 Thana -DELHA District- GAYA ====================================================== Md. Shamsed @ Shamshad @ Chhedi, Son of Md. Usman Khan, Resident of Mohalla- Ramshila, P.S.- Kotwali, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the State. The petitioner is an accused in connection with Delha P.S. Case No. 104 of 2015 for the offence under Sections 302/201/34 of the Indian Penal Code.

From the F.I.R. it appears that the petitioner and two others were named in this case. On the suspicion that they accompanied the deceased and the deceased was lastly seen with the petitioner and two other accused, namely, Chhotu Mahuri and Sanjay Prasad.

The petitioner in para 3 of the petition stated that he has got clean antecedent. The petitioner is in custody since 10.06.2015. The other co-accused Chhotu Mahuri, against whom there is identical allegation, has been granted bail by this Court in Cr. Misc. No. 50993 of 2015 vide order dated 08.02.2016.

Patna High Court Cr.Misc. No.35805 of 2017 (2) dt.10-08-2017 2/2 Considering the fact that the allegation against the petitioner is similar to that of Chhotu Mahuri, who has been granted bail in Cr. Misc. No. 50993 of 2015, 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 Additional Sessions Judge-V, Gaya in connection with S.Tr. No. 10 of 2016 / 75 of 2016, arising out of Delha P.S. Case No. 104 of 2015, 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) Uday/- U T