Md. Murasalim @ Md. Murasalin v. The State Of Bihar
Patna High Court Cr.Misc. No.28999 of 2015 (3) dt.05-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28999 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Md. Murasalim @ Md. Murasalin Son of Md. Jobair, Village - Jamuniya Tola, Phenaraha, P.S. - Phenaraha, District - East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Shyampur Bhattha P.S. Case No. 94 of 2014 registered for the offences punishable under Section 302/34of the Indian Penal Code and Section 27 of the Arms Act.
Considering the fact that though the petitioner has been named in the first information report but there is no specific allegation against this petitioner of having fired, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhatta P.S.
Patna High Court Cr.Misc. No.28999 of 2015 (3) dt.05-10-2015 Case No. 94 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as also subject to the follwing conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fail to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be will represented on each date and if he fail to do so on two consecutive dates, his bail will be liable to be cancelled.