Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43460 of 2018 Arising Out of PS. Case No.-696 Year-2016 Thana- ARARIA District- Araria ====================================================== Aslam, S/o Late Kaiyum @ Late Queyum Resident of Village- Koshkipur, P.S. Araria (Bairgachhi), District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Araria (Bairgachhi) P.S. Case No. 696 of 2016 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code. Allegation against the petitioner is of committing the murder of the daughter of the Informant, though in the FIR he is not named but during investigation involvement of petitioner has been found.

It has been submitted on behalf of the petitioner that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Habib who has already been granted bail by a co-ordinate bench of this Court vide order dated 10.08.2018 passed in Criminal Miscellaneous No.

Patna High Court Cr.Misc. No.43460 of 2018(3) dt.24-09-2018 2/2 49265 of 2018. Petitioner is in custody since 13.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S. Case No. 696 of 2016, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U