Patna High CourtCR. MISC./47725/2016bail granted

Md. Aarif And ORS v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47725 of 2016 Arising Out of PS.Case No. -264 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Md. Aarif son of Late Md. Yusuf,

2. Shalu @ Md. Shalu son of Md. Aarif,

3. Danish son of Md. Aarif, All are resident of mohalla- Pankaj Market, P.S.- Town, DistrictMuzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mrs. Bela Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 27.07.2016 in connection with Muzaffarpur Town P.S. Case No. 264 of 2016 for the alleged offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated and in any event, the main assailant, according to the first information report, is co-accused Shamsad alias Aaua. Similarly situated co-accused Vicky @ Md. Wasim and Rohit @ Md. Quadir have been granted bail by this Court in Cr. Misc. No. 45878 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in

Patna High Court Cr.Misc. No.47725 of 2016 (3) dt.13-12-2016 2/2 connection with Muzaffarpur Town P.S. Case No. 264 of 2016 on the following conditions - (i) That one of the bailors shall be their close relative other than the petitioners herein.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/- U T