Md. Chittu @ Md. Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31888 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -PHULWARI District- PATNA ====================================================== Md. Chittu @ Md. Firoz Alam, Son of Md. Ashfaque Haidar @ Kalo Resident of Isha Nagar, Naya Tola, Imam Colony, P.O.+ P.S.- Phulwari Sharif, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Rajeev, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.01.2017 in connection with S. T. No. 345 of 2017 arising out of Phulwarisharif P.S. Case No. 27 of 2017 for the offences alleged under Sections 302 and 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion in connection with the murder of Saifi @ Faizan Hussain. Similarly situated co-accused Md. Arshad, who is also FIR named accused, has been granted bail by this Court in Cr. Misc. No. 36759 of 2017 and so also co-accused Zahid Khan @ Zahid and Md. Abid @ Michal have been granted bail in Cr. Misc. No. 28394 of 2017 and Cr. Misc. No. 29214 of 2017, respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge, Patna in connection with S.

Patna High Court Cr.Misc. No.31888 of 2017 (3) dt.11-08-2017 2/2 T. No. 345 of 2017 arising out of Phulwarisharif P.S. Case No. 27 of 2017 with the following 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 remain physically 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. (iv) 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.

(Vikash Jain, J) B.T/- U T