Md. Murtuza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50735 of 2017 Arising Out of PS.Case No. -349 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Md. Murtuza, Son of Late Faridul Haque, resident of Village- Kharra, P.S. Madhubani Town, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition in the course of the day.

Heard learned counsel for the petitioner.

This is an application for bail in connection with Madhubani Town P.S.Case No. 349 of 2014 registered for the offences punishable under Sections 147, 149, 341, 323, 337, 338, 307, 427, 504, 302 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is named in the FIR and allegation against him is that while informant and others were trying to take dead body he along with others created obstruction in taking the dead body. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and whole allegation is against one Akbar Ali and he is in custody for three months.

Patna High Court Cr.Misc. No.50735 of 2017 (3) dt.16-11-2017 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that petitioner has criminal antecedents.

Having heard both sides and in view of facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S.Case No. 349 of 2014, G.R.No. 2371 of 2014, subject to the following conditions : (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date in court, failing which his bail bond shall be cancelled.

Learned trial court is directed to expedite the trial. (Vinod Kumar Sinha, J) spal/- U