Md. Nijamuddin @ Md. Nizamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22123 of 2018 Arising Out of PS.Case No. -415 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================

1. Md. Nijamuddin @ Md. Nizamuddin Son of Md. Mumtaj R/o VillageYadupatti, Ward No. 13 @ Baheda Jahidapur Tole Yadupatti, P.S.- Nanpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 01.12.2017 in connection with Pupri P.S. Case No. 415/2017 registered for the offences punishable under Sections 302/120(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that only on the basis of the confessional statement made before the police by the wife of the deceased, the petitioner has been taken into custody. It is further submitted that the wife of the deceased has been extended the privilege of regular bail in Cr. Misc. No. 21022 of 2018 vide order dated 26.04.2018. Learned counsel for the petitioner further submits that the petitioner has no criminal

Patna High Court Cr.Misc. No.22123 of 2018 (3) dt.10-05-2018 2/3 antecedent and even in the case diary, there is no further material on record to implicate the present petitioner. In view of the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate (Pupri), Sitamarhi, in connection with Pupri P.S. Case No. 415/2017, subject to the following conditions:-

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in

Patna High Court Cr.Misc. No.22123 of 2018 (3) dt.10-05-2018 3/3 case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T