Aslam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69584 of 2018 Arising Out of PS. Case No.-263 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Aslam Khan Son of Abbas Khan Resident of Village- Jorbaha Dharampur, P.S. Khaira, District-Jamui ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :Mr.Niranjan Parihar, Advocate For the Opposite Party :Mr. Ram Priya Saran Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Earlier petitioner's prayer for bail was rejected on 27.8.2018. It is submitted by learned counsel for the petitioner that in the order of rejection it has wrongly been recorded that the petitioner is 'Dewar', and actually he is 'Bhaisur' of the deceased. It is submitted that the petitioner's case is similarly situated as other co-accused persons. Out of 10 accused, 4 have already been allowed bail, and against 4 final form has been submitted. Co-accused have been allowed bail on 28.8.2018 in Cr.Mis.No. 44858 of 2018.

Considering the aforesaid submissions and the facts and the fact that the petitioner is in custody since 18.12.2017, prayer for bail to the petitioner is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.69584 of 2018(3) dt.30-01-2019 2/2 Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in Khaira Police Station Case No. 263 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he/she 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 and The Petitioner will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi U T