Md. Shamsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34099 of 2022 Arising Out of PS. Case No.-327 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== MD. SHAMSAD S/o Md. Habib R/o village- Chodhali, P.S.- Gogri, DistrictKhagaria (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 No one appears on call.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Section 302/120(B)/34 of the Indian Penal Code in connection with Sessions Trial No.119 of 2022 arising out of Supplementary Beldar P.S. Case No.327 of 2020, G.R. No.3516 of 2020.

As per the prosecution story, on 25.11.2020, it is alleged that co-accused Md. Irfan called the deceased for 'Panchayati' for the dispute relating to the land where it has been alleged that the accused persons including the petitioner conspired and killed the brother of the informant. As per the averment made in the FIR, the omnibus allegation has been made against the accused persons of killing the informant's brother. The further averment is that the co-

Patna High Court CR. MISC. No.34099 of 2022(2) dt.12-09-2022 2/3 accused Md. Irfan who had called the informant's brother for 'Panchayati' has since been released on bail vide Cr. Misc. No.35832 of 2021 on 23.03.2022 by a co-ordinate Bench of this Court.

Taking into account the aforesaid fact that omnibus allegation has been made against the accused persons including the petitioner herein, he is in custody since 16.12.2021, chargesheet stands submitted and one of the co-accused namely Md. Irfan has since been granted bail by a co-ordinate Bench, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Sessions Trial No.119 of 2022 arising out of Supplementary Beldar P.S. Case No.327 of 2020, G.R. No.3516 of 2020 to the satisfaction of learned Additional Sessions Judge, Vth, Khagaria, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.34099 of 2022(2) dt.12-09-2022 3/3 dates without plausible reason will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T