Md. Wahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33247 of 2018 Arising Out of PS.Case No. -56 Year- 2014 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Md. Wahid Alam son of Md. Motiur Rahman resident of village Salempur, Sathur Khana, P.S. - Muffasil, District - Munger at present village - Kunda, P.S. - Sheikhpura, District - Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-07-2018 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody since 23.12.2017 in connection with Aurangabad (Muffasil) P.S. Case No.56 of 2014, registered under Section 414/34 of the Indian Penal Code and Section 3/4/5 of the Explosive Substance Act.

The learned counsel for the petitioner submits that though the petitioner is not named in the FIR, only on the basis of confessional statement made before the police by two other persons, the petitioner's named has transpired and he has been taken into custody. It is further submitted that the said two persons in whose confession the petitioner's name has surfaced, have already been granted bail vide order dated 18.12.2014 passed in Cr. Misc. No.29897 of 2014 and Cr. Misc. No.34692 of 2014 respectively.

Patna High Court Cr.Misc. No.33247 of 2018 (4) dt.05-07-2018 2/2 In view of the aforementioned facts and circumstances and also the petitioner has got no criminal antecedent except in two cases, let the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Muffasil) P.S. Case No.56 of 2014 on the conditions that :

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) 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.

Sanjeev/- (Anjana Mishra, J) U T