Md. Hasnain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39373 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- BANKA District- Banka ====================================================== MD. HASNAIN, male, aged about 24 years, Son of Md. Shamsher Resident of Village- Barahat Durga Pokhar, Police Station- Barahat, District- Banka. ... ... Petitioner
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Md. Najmul Hodda, Advocate.
For the Opposite Party:
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 365, 302, 201/34 of the Indian Penal Code registered in connection with Banka (Barahat) P.S. Case No. 121 of 2019.
3. It is submitted that the petitioner has been falsely implicated on mere suspicion, except which there is no objective material to connect the petitioner with the alleged occurrence. The petitioner has not been named in the F.I.R. nor in the restatement of the informant. In the informant's statement recorded over again, he has for the first time implicated the petitioner and others raising suspicion against him as an afterthought at a much belated stage. There is no objective material to suggest that the petitioner had any role to play in the entire occurrence rather from statement of Md. Sartaz, a young boy with whom the deceased boy had gone to play has stated that the deceased was plucking papaya from a tree of the petitioner's elder brother and hid himself when he saw the petitioner's elder brother approaching while Md. Sartaz fled away. It is submitted that the deceased boy died an accidental death by falling in the
Patna High Court CR. MISC. No.39373 of 2019(3) dt.21-08-2019 2/2 well.
4. Learned APP appears but he has not been able to point out any objective material in the case diary against the petitioner.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 121 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar/BT U T