Md. Aslam @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62683 of 2017 Arising Out of PS.Case No. -366 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================
1. Md. Aslam @ Raja, Son of Md. Shashim @ Jamil, Resident of MohallaBari Masjid, Gurhati Gali, Ara, P.S.- Ara (T), District- Bhojpur at Ara. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.
The petitioner seeks regular bail in Arah Town P.S. Case No.366 of 2017/ G.R. No.2513/17 registered for the offence under Section 302, 120(B)/34 of the I.P.C.
Petitioner is not named in the F.I.R. and it appears that later on his name transpires in course of investigation on the basis of confessional statement of co-accused.
Submission of the learned counsel for the petitioner is that, except confessional statement there is no incriminating circumstances against the petitioner. He has been made accused on the basis of the fact that he was dealing with the other co-accused in the sale and purchase of the land. The petitioner is in custody for six months and other co-accused, Jamal Ashraf and Md.Danish
Patna High Court Cr.Misc. No.62683 of 2017 (2) dt.11-01-2018 2/2 Rizwan have already been granted bail vide Cr.Misc.No.43216/17 and Cr.Misc.No.58069/17 on 13.12.2017 and 14.12.2017 respectively.
Heard learned A.P.P. and the informant also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of C.J.M.,Bhojpur at Ara, in Arah Town P.S.Case No.366 of 2017 corresponding to G.R. No.2513/17 subject to the conditions that
(1) one of the bailors must be local person having sufficient immovable property within the jurisdiction of the concerned court.
(2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond. (Vinod Kumar Sinha, J) AnilKrSinha/- U