Md. Ashu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12887 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Md Ashu, S/o Maso Tamtam @ Md Nasho Tamtam @ Md Masho Tamtam, Resident of Village- Asthawan, (Near Mosque), P.S. Asthawan, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Upendra Kumar, Advocate For the S t a t e : Mr Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 302/120B of Indian Penal Code.

It is submitted on behalf of the petitioner that merely on the basis of suspicion, the petitioner has been implicated in this case though he has no criminal antecedent. It is further submitted that it is a case of false implication only on afterthought after recovery of dead body, on basis of statement made by the wife of the deceased, the petitioner has been implicated in this case. He is in custody in this case since 25.09.2017.

Considering the aforesaid submissions, his prayer for

Patna High Court Cr.Misc. No.12887 of 2018 (3) dt.13-04-2018 2/2 bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Biharsharif in Bind Police Station Case No 115 of 2017 subject to the following conditions:

(1) 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.

That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T