Md Naiyar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33654 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- BAISI District- Purnia ====================================================== Md Naiyar Alam S/o Late Altaf Hussain R/o vill - Minapur, P.S. - Baisi, Distt.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ziaul Quamar For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 365, 302, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant suspects that the petitioner along with other co-accused persons have murdered the husband of the informant.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the F.I.R. and his name transpired in this case on the basis of confessional statement of co-accused, namely, Rajesh Adiwasi.
Patna High Court CR. MISC. No.33654 of 2024(3) dt.26-07-2024 2/2 Some of the co-accused have been granted regular bail by a coordinate Bench of this Court vide order dated 19.04.2024 passed in the Cr. Misc. No. 27495 of 2024. The petitioner has one criminal antecedent and has been languishing in custody since 13.03.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid and the fact that charge has been framed against the petitioner, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Baisi P.S. Case No. 98 of 2023.
7. However, the petitioner is directed to co-operate in the Trial. If the petitioner will not appears on two consecutive dates, then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.
(Anjani Kumar Sharan, J) anand/- U T