Kalam Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16831 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -CHANDRADEEP District- JAMUI ====================================================== Kalam Shah, son of Kallu Shah, resident of Village- Echaur, P.S.- Chandradeep, District- Jamui.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Parmod Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Chandradeep P.S. Case No. 96 of 2016 registered for the offences punishable under Sections 302, 307/34, 120B of the Indian Penal Code and 27 of the Arms Act.
Case is under Section 302 and other sections of the IPC and petitioner is not named in the FIR.
It has been submitted on behalf of the petitioner that on the basis of confessional statement of co-accused name of the petitioner transpires but nothing has been attributed against him and he has no criminal antecedent.
Heard learned APP also, who could not controvert the above submission.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in
Patna High Court Cr.Misc. No.16831 of 2017 (2) dt.18-04-2017 2/2 the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjay Kumar, Judicial Magistrate, 1st Class, Jamui, in connection with Chandradeep P.S. Case No.
96 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence and in case any incriminate material has come against the petitioner showing his involvement, the prosecution will be at liberty to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) spal/- U