Kamaluddin v. The State Of Bihar

Patna High Court Cr.Misc. No.39400 of 2017 (3) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39400 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Kamaluddin, son of Late Jamaluddin, Resident of Village- Gayghatta Tola Darpar, Police Station- Azam Nagar, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Azam Nagar P.S.Case No.146 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner and several other accused persons is of assaulting the son of the informant causing his death. Submission of the learned counsel for the petitioner is that the allegation is general and omnibus in nature and the petitioner is in custody for about five months as well as no specific allegation is there against the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.39400 of 2017 (3) dt.18-09-2017 enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VI, Katihar in connection with Azam Nagar P.S.Case No.146 of 2016 dated 12.4.2017. With 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 co-operate 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T