Md. Taj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53226 of 2017 Arising Out of PS.Case No. -685 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Md. Taj son of Late Liyakat Hussain, R/O village Bala Pokhar, Deo, P.S. Deo, District Aurangabad.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sessions Trial No.435 of 2017/208 of 2017 arising out of Complaint Case No.685 of 2015 registered for offences punishable under Sections 120B, 328, 302 and 201 of the Indian Penal Code. Petitioner is not named in the FIR and it is alleged that the deceased had gone along with the him and later on his dead body was recovered.

Submission of the learned counsel for the petitioner that the police has submitted final form, not finding the case true, the learned court below has taken cognizance in this case and the petitioner is in custody for 3 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.53226 of 2017 (3) dt.16-11-2017 2/2 circumstances, as stated above, let the petitioner, above named, be 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 1st Additional Sessions Judge, Aurangabad in connection with Sessions Trial No.435 of 2017/208 of 2017 arising out of Complaint Case No.685 of 2015. 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 in the event of failure 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