Md. Sabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21639 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== MD. SABBIR Son of Md. Jamal Resident of Village - Chhit, Dubiyahi, P.S.- Pipra, District - Supaul ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nafisuzzoha, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 302/120B and other allied sections of the Indian Penal Code.

Accused persons named in the FIR assaulted the informant's brother resulting into his death. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the petitioner is not named in the FIR though others are named with specific allegation. His name has taken by one co-accused Paras Kumar in course of investigation and save and except this, nothing incriminating has come against the petitioner during investigation to connect him with the alleged offence. There is no eye-witness to the occurrence. Similarly situated co-accused

Patna High Court CR. MISC. No.21639 of 2020(2) dt.07-07-2020 2/2 have already been allowed bail by different benchs of this Court mentioned in paragraphs 12, 13 and 14 of the bail petition. Petitioner has got no criminal antecedent and he is in custody since 2.11.2019.

Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Birpur at Supaul in PS. Case No.-230 Year-2019 Thana- RAGHOPUR District- Supaul 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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) Shashi U T