Faizul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13466 of 2019 Arising Out of PS. Case No.-54 Year-2017 Thana- POTHIYA District- Kishanganj ====================================================== Faizul, son of Khudam Ali @ Khurdam Ali, Resident of Village - Nimlagaon, Taiyabpur, PS- Pothiya, Distt - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379, 414 and 34 of the Indian Penal Code and Section 25(1-3)(a), 26, 35 of Arms Act registered in connection with Pothiya P.S. Case No. 54 of 2017.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused, Subhash Yadav, except which there is no objective material to connect the petitioner with the alleged occurrence. The said coaccused Subhash Yadav has also named other co-accused Jebla, Safatulla @ Sukha and Jiyaul Haque who have already been granted anticipatory bail by this Court vide orders dated 11.05.2018 and 14.08.2018 passed in Cr. Misc. Nos.36126 of

Patna High Court CR. MISC. No.13466 of 2019(2) dt.06-03-2019 2/3 2018 and 52782 of 2018 respectively. No recovery of any incriminating articles has been made from the possession of the petitioner.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pothiya P.S. Case No. 54 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate 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. (iv) That the petitioner shall remain physically

Patna High Court CR. MISC. No.13466 of 2019(2) dt.06-03-2019 3/3 present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) sanjeev/- U T