Md. Taslim v. The State Of Bihar

Patna High Court Cr.Misc. No.6573 of 2016 (3) dt.07-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6573 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -PARAIYA District- GAYA ======================================================

1. Md. Taslim Son of Md. Salim, Resident of Village - Salwe, P.S. - Balumath, District - Latehar, Jharkhand. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Paraiya P.S. Case No. 114 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is not named in the first information report wherein, allegedly, Manju Devi got killed the husband of the informant with the help of Ranjit Biswakarma, Amit Pandey, Sunil Pandey and two unknown. During investigation the name of the petitioner transpires that he is an active member of banned organization TPC and he was in contact with Raja Yadav and Manju Devi and also with Sunil Pandey.

Submission is of false implication and that besides suspicion there is nothing against the petitioner, the petitioner is a

Patna High Court Cr.Misc. No.6573 of 2016 (3) dt.07-04-2016 poor tailor master and he was never the member of the organization, he has no criminal antecedent and without any fault he is suffering in custody since 02.11.2015.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that earlier the husband of the informant was kidnapped by the TPC and the petitioner is the active member of TPC.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Avinash, J. M. Ist Class, Gaya in connection with Paraiya P.S. Case No. 114 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. avin/- (Jitendra Mohan Sharma, J) U T