Serajudin Safina @ Serajul @ Md. Serajul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14152 of 2018 Arising Out of PS.Case No. -366 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Serajudin Safina @ Serajul @ Md. Serajul, S/o- Md. Kamaruddin, resident of Village- Dharhara, P.S.- Ara (Town), District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. named and some unknown persons are alleged to have fired causing death of Krishna Kumar Singh. The F.I.R. further disclosed that due to land dispute there is suspicion against the petitioner of conspiring for the same. Learned counsel for the petitioner submits that co-accused Md. Shahid Ali @ Shahid Ali, having similar allegation, has already been allowed bail by a coordinate Bench of this Court vide order dated 10.10.2017 passed in Cr. Misc. No. 44504 of 2017 and co-accused Indra Bhan Singh has also been allowed bail vide order dated 17.10.2017 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.14152 of 2018 (2) dt.13-03-2018 2/2 45527 of 2017 by the same coordinate Bench.

Learned counsel for the informant opposed the prayer for bail on the ground that since the petitioner has got several criminal cases as his criminal antecedent, his case is distinguishable from those who have already been granted bail by a coordinate Bench. Moreover, co-accused Chand Mian has confessed before the police that this petitioner had given him money for committing murder of Krishna Kumar Singh. Other witnesses have also stated before the police that this petitioner was seen talking with Chand Mian.

Considering the nature of material against the petitioner and the fact that the petitioner is in custody since 05.12.2017, let the petitioner, above named, 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 Ara Town Police Station Case No. 366 of 2017, 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) Kundan/- U T