Sk. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33000 of 2019 Arising Out of PS. Case No.-361 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Sk. Shakil Son of Late Wakil Ahmad Resident of Village - Chintamanpur, P.S.- Govindganj (Malahi O.P.), Dist.- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Govindganj (Malahi) P.S.Case No. 361 of 2018 registered under Sections 147, 148, 149, 307, 302, 504, 506 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35/27 of the Arms Act. It is submitted by the learned counsel for the petitioner that the petitioner has been made accused in this case only because he happens to be the father of three other coaccused persons. There is no allegation of any overt act against him. The only allegation against is that after the alleged occurrence of offence had taken place, he was exhorting his sons not to spare anyone.

Learned counsel for the State submitted that there is specific allegation of overt act against the sons of the petitioner.

Patna High Court CR. MISC. No.33000 of 2019(2) dt.20-05-2019 2/2 As far as the petitioner is concerned, he is said to be an order giver.

Considering the submissions made on behalf of the parties, the facts and circumstances of the case as also the fact that the petitioner is in custody since 09.12.2018, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, East Champaran, Motihari in connection with Govindganj (Malahi) P.S. Case No. 361 of 2018, subject to the conditions :

(a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Pradeep/- U T