Prince Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24379 of 2017 Arising Out of PS.Case No. -693 Year- 2016 Thana -SIWAN CITY District- SIWAN ======================================================

1. Prince Akhtar Son of Late Javed Akhtar Resident of Dakhin Tola, Siwan, P.S. Siwan Town, District : Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.K.Lal Mr. Ajay Kumar Pandey For the Informant :

Mr. Ajit Rajan Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Siwan Town P.S.Case No.693 of 2016, registered for offences punishable under Sections 302/201/34 of the Indian Penal Code. The petitioner is not named in the F.I.R. The case is under Section 302 and other Sections of the Indian Penal Code. Submission of the learned counsel for the petitioner is that except that his name transpired during the course of investigation in the confessional statement of the co-accused, there is absolutely nothing against him and the other co-accused person, whose name disclosed by other witnesses during the course of investigation, has already been granted bail by this Court vide order dated 29.6.2017 passed in Cr. Misc. No.24921 of 2017. Heard learned A.P.P. and the learned counsel for the informant.

Patna High Court Cr.Misc. No.24379 of 2017 (5) dt.10-07-2017 2/2 Having heard both sides and in view of the fact that the petitioner is accused in seven other cases but so this case is concerned, in this case, except the confessional statement, there is nothing against him and he is in custody for the last six months. Considering the aforesaid aspect of the materials, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Siwan in connection with Siwan Town P.S.Case No.693 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a close relative having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U