Md. Chand Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61831 of 2017 Arising Out of PS.Case No. -366 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Md. Chand Miyan S/o Late Amin Miyan, R/o Village- Dharhara, Ara, P.S.- Ara (Town), District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar For the Opposite Party : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Ara Town PS Case No. 366 of 2017 registered under Sections 302 and 120B/34 of the IPC.

The allegation in brief is that named seven - eight accused persons came and all indiscriminately fired on the deceased causing his death. It is alleged that some days back the petitioner and others made attempt to forcibly take possession of the deceased land and on that occasion also they fired and it is alleged that they are involved and made conspiracy and got the deceased killed. Learned Counsel for the petitioner submits that only allegation against the petitioner is that he was not at the place of occurrence and not said to have shot at the deceased rather allegation is that he was one of the conspirators. Similarly situated co-accused Danish and others having criminal antecedent like the petitioner have been admitted to bail by a coordinate Bench of this Court. Having considered the said facts and circumstances, the petitioner, namely, Md. Chand Miyan is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.61831 of 2017 (4) dt.07-02-2018 sureties of the like amount each to the satisfaction of CJM Bhojpur at Ara in connection with Ara Town PS Case No. 366 of 2017, with the condition that the petitioner shall not tamper with the evidence and will not threaten the witnesses.

The petitioner is directed to appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

(Arun Kumar, J.) Snkumar/- U T