Patna High CourtCR. MISC./59118/2017bail granted

Safroz Alam v. The State Of Bihar

2018-02-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59118 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Safroz Alam S/o Sk. Jamil, R/o Village- Jhumka, P.S.- Sikta, DistrictWest Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sikta P.S. Case No. 136 of 2017 registered for the offence punishable under Sections-302/34 of the Indian Penal Code and 27 of the Arms Act. According to FIR, the petitioner had taken the deceased from his house saying that someone is committing theft of sugarcane in the field side. At night, other named accused persons were identified in the torch light, who are alleged to have fired causing death of son of the informant.

Learned counsel for the petitioner submits that in fact, the petitioner is a witness of the occurrence. The petitioner has no enmity with the informant and has falsely been roped in this case as accused. The petitioner also sustained injuries at the time of occurrence which

Patna High Court Cr.Misc. No.59118 of 2017 (2) dt.07-02-2018 would be evident from the case diary and statement of some of the witnesses.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) A.K.V./- U T