Md. Shakil Ahmad @ Bechan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58667 of 2017 ======================================================

1. Md. Shakil Ahmad @ Bechan S/o Md. Jafar, R/o Village- Bhakua, P.S.- Khajauli, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 06.11.2016 in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the allegation is that he had assaulted the victim with fists and slaps. It is further submitted that the main allegation is against one Zafar who had fired upon Kunal Kumar and at best the petitioner can be said to have assaulted the victim with fists and slaps and not beyond.

Considering the fact that the petitioner has no criminal antecedent and other similarly situated has been extended

Patna High Court Cr.Misc. No.58667 of 2017 (2) dt.12-12-2017 2/2 the privilege of bail in Cr. Misc. No. 48524 of 2017 vide order dated 13.10.2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IIIrd, Madhubani, in connection with Khajauli P.S. Case No. 206/2016, subject to the following conditions:-

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate 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. (Anjana Mishra, J) Saif/- U T