Md. Jakir @ Monty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35450 of 2024 Arising Out of PS. Case No.-511 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Md. Jakir @ Monty Son Of Md. Yakub, Resident Of Mohalla-- Purab Sarai, Jama Masjid, PS- Kotwali, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for an offence punishable under Sections 302, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, the petitioner along with other co-accused persons kill the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He next submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.35450 of 2024(2) dt.21-05-2024 2/3 against him and petitioner is in custody since 23.08.2023. He next submits that ten similarly situated co-accused persons have already been granted regular bail by this Court passed in Cr. Misc. Nos. 8590 of 2023, 11915 of 2023, 32662 of 2023, 33331 of 2023, 34778 of 2023, 48112 of 2023, 85413 of 2023, 1328 of 2024, 2359 of 2024, 5754 of 2024 and 25278 of 2024.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. In view of the aforesaid facts and submissions of learned counsel for the petitioner, let the above named petitioner 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 learned Additional Sessions Judge-III, Gaya in connection with Kotwali P.S. Case No. 511 of 2022 with following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the trial Court.

(iii) In case of absence for three consecutive dates

Patna High Court CR. MISC. No.35450 of 2024(2) dt.21-05-2024 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Ramesh Chand Malviya, J) Nilmani/- U