Mohammad Mojib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30211 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== MOHAMMAD MOJIB S/o Mohammad Yakub R/o village- Binowagram, P.S.- Jankinagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2011 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 394, 302 of the Indian Penal Code and section 27 of the Arms Act. As per prosecution case, three motorcycle borne miscreants shot dead brother of the informant and looted away a bag containing Rs 1,91,000/- cash.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. The name of the petitioner has come on the basis of confessional statement of co-accused Babloo Yadav. No incriminating article was recovered from the possession of the petitioner. Till date no TI Parade has been held. Petitioner is in custody since 17.10.2020.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.30211 of 2021(3) dt.27-09-2011 2/2 bail.

Considering the facts and circumstances of the case and the fact that T.I. Parade has not been held till date, this bail application is allowed. Let the petitioner 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 Addl. Sessions Judge VIII, Purnea in Sessions trial no. 177/2020 arising out of Banmankhi P.S. Case no. 205/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T