Md. Kalam @ Kalam v. The State Of Bihar

Patna High Court Cr.Misc. No.25216 of 2018 (2) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25216 of 2018 Arising Out of PS.Case No. -496 Year- 2006 Thana -ARARIA District- ARRARIA ====================================================== MD. KALAM @ KALAM, Son of Masleuddin, Resident of Village- Gaiyari, Police Station- Araria, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv For the Opposite Party/s : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.01.2018 in connection with Araria P.S. Case No. 496 of 2006 (G.R. Case No. 2207 of 2006) for the alleged offences under Sections 448, 323, 504, 427, 436/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged assault and setting on fire the hut of the informant. There is case and counter case between the parties. The accusation of setting fire is general and omnibus against the four accused persons. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Araria in connection with Araria P.S. Case No. 496 of 2006 (G.R. Case No. 2207 of 2006) on

Patna High Court Cr.Misc. No.25216 of 2018 (2) dt.08-05-2018 the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T