Md. Firoj @ Teni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33431 of 2018 Arising Out of PS.Case No. -27 Year- 2017 Thana -PHULWARI District- PATNA ====================================================== Md. Firoj @ Teni, S/o Late Md. Tajmul Hussain @ Tajmul, R/o Vill.- Isopur, P.S.- Phulwarisharif, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.02.2018 in connection with Phulwarisharif P.S. Case No.27 of 2017 registered for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R., subsequently after a lapse of one year, the informant has given a petition, stating that the petitioner is also involved in the alleged murder of his son. Learned counsel submits that those who had been initially named in the F.I.R. have also been extended the privilege of bail, as indicated by the petitioner in paragraph 8 of

Patna High Court Cr.Misc. No.33431 of 2018 (4) dt.06-07-2018 2/3 the bail application. It is further submitted that there is no cogent material against the petitioner, save and except the said petition made by the informant at a belated stage. Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-Cum-Additional Chief Judicial Magistrate, Patna, in connection with Phulwarisharif P.S. Case No.27 of 2017, subject to the following conditions:

(1) One of the bailors will be the mother of the petitioner.

(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 his 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

Patna High Court Cr.Misc. No.33431 of 2018 (4) dt.06-07-2018 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T