Patna High CourtCR. MISC./32717/2017bail granted

Md. Jafir v. The State Of Bihar

2017-07-20Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.32717 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32717 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -KODHA District- KATIHAR ====================================================== Md. Jafir son of Md. Mokim Resident of village - Gerabari Bazar Churipatti, Police Station - Korha, District - Katihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anamul Haque, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.04.2017 in connection with Korha P.S. Case No. 102 of 2017 initially registered for the offences alleged under Section 363 of the Indian Penal Code and later on Sections 302, 201/34 of the Indian Penal Code were also added.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the F.I.R. His name has surfaced on the extrajudicial confession of co-accused Md. Afjal. Similarly situated co-accused Md. Talib, who was also named by the said Md. Afjal, has since been granted bail by this Court in Cr. Misc. No. 29493 of 2017. 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 Chief Judicial Magistrate, Katihar, in connection with Korha P.S. Case No. 102 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.32717 of 2017 (2) dt.20-07-2017 (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) Md. Ibrarul/BT U T