Md. Sakir @ Sakir v. The State Of Bihar

Patna High Court Cr.Misc. No.63043 of 2017 (3) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63043 of 2017 Arising Out of PS.Case No. -493 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ====================================================== Md. Sakir @ Sakir S/o Abdul Talib, R/o Village- Nunia Tola, P.S.- Kishanganj, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302,201/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that FIR has been lodged against unknown persons. He has been implicated in this case on the basis of suspicion arising out of the statement of a co-accused namely, Md. Kustur @Kausar Alam who is the brother-in-law of the petitioner and with whom there is subsisting land dispute. It is further submitted though there is another case pending against him details of which he has disclosed in Para 3 of the bail application but in the said case he is on bail. The petitioner is in custody since 26.09.2017.

In the facts and circumstances of the case and the

Patna High Court Cr.Misc. No.63043 of 2017 (3) dt.17-02-2018 fact that charge sheet has been submitted in this case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 493 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U