Shaikh Suddo @ Md. Suddo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1313 of 2017 Arising Out of PS. Case No. -34 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Shaikh Suddo @ Md. Suddo, son of Shaikh Mangan @ Seikh Mangan, resident of village- Khanpur, Police Station- Pirpainti, DistrictBhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Md. Harun Quareshi, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.01.2016 in connection with Sessions Trial No. 468 of 2016 arising out of Kahalgaon P.S. Case No. 34 of 2016 for the offences alleged under Sections 302, 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the F.I.R. As charge sheet has been submitted, there is no chance of tampering with the evidence. Similarly situated co-accused Md. Sarjiaf @ Md. Sarjiyaf has been granted bail by this Court in Cr. Misc. No. 50620 of 2016.

4. 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 4th Additional Sessions Judge, Bhagalpur, in connection with Sessions Trial No. 468 of 2016 arising out of Kahalgaon P.S. Case No. 34 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.1313 of 2017 (3) dt.20-02-2017 2/2 the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate 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) That 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) Md. Ibrarul/BT U T