Julfekar Ali @ Tabrej @ Julpikhar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7997 of 2021 Arising Out of PS. Case No.-690 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Julfekar Ali @ Tabrej @ Julpikhar Ali Son of Ismail Gaddi Resident of Village- Nabi Hata, P.S.- Barharia, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-04-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Town P.S. Case No. 690 of 2019, registered for the offence under Section 307 & other allied sections of Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, on the alleged date and time of the occurrence, while the informant was working near Hanuman Temple, some unknown person fired upon him from behind causing fire-arm injury on his right waist. The informant has further suspected that one co-accused Arun Singh, who is in custody in connection with another case, under a conspiracy with his associates committed the offence.

Petitioner is not named in the FIR. Name of petitioner has come on the basis of his self-confessional statement recorded in Thawe P.S. Case No. 690 of 2019, which has got no

Patna High Court CR. MISC. No.7997 of 2021(2) dt.16-04-2021 2/2 evidenciary value. He was remanded in this case on 24.09.2020 and till date, T.I.P. has not been held.

Considering the aforesaid facts & circumstances and the fact that till date, T.I.P. has not been held, the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No. 690 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T