Md. Sajid @ Badshah @ Shahid v. The State Of Bihar

Patna High Court Cr.Misc. No.37819 of 2017 (3) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37819 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -PHULWARI District- PATNA ======================================================

1. Md. Sajid @ Badshah @ Shahid, Son of Mantoo @ Md. Mantoo, Resident of Federal Colony, P.S.-Phulwari Sharif District-Patna, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Farooque Afzal For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 The petitioner seeks regular bail in connection with Phulwarisharif P.S. Case No. 27 of 2017, registered for offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner is that he along with others killed the son of the informant.

It has been submitted on behalf of the petitioner that out and out false allegation has been levelled against the petitioner and he has nothing to do with the alleged offence and in the F.I.R itself, he has been shown as a spy. Further other accused having similar allegation has already been granted bail by a coordinate Bench of this Court vide order dated 06.07.2017 passed in Criminal Miscellaneous No. 28394 of 2017 and petitioner has been in judicial custody since 16.01.2017.

Learned counsel for the State could not controvert the above submissions.

Patna High Court Cr.Misc. No.37819 of 2017 (3) dt.24-08-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -1st Class, Patna, in connection with Phulwarisharif P.S. Case No. 27 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T