Md. Miraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70601 of 2018 Arising Out of PS. Case No.-115 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Md. Miraj, Son of Abdul Wahav Resident of Hazipur Pokhara, P.S. Town Distict-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Hajipur Town P.S. Case No.115/17 registered for the offence punishable under Sections 341, 323, 382, 395, 412/34 of the Indian Penal Code. Informant in his written complaint has stated that after returning to his house after attending Tilak ceremony in Muzaffarpur he parked his vehicle near his house and thereafter four unknown criminals on the strength of pistol looted ornaments of his wife and the informant suspected that his covillagers Satyendra Singh along with Prakash Kumar and four unidentified criminals are behind this criminal act. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case on the basis of confession made by one of the co-accused, Bipin Kumar and
Patna High Court Cr.Misc. No.70601 of 2018(3) dt.12-12-2018 2/3 except said confession, there is no other incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner and similarly placed two accused Ramji Raja @ Raja and Dharmendra Kumar @ D.K. have already been granted bail by coordinate Benches of this Court vide order dated 30.07.2018 passed in Cr. Misc. No.45602 of 2018 and order dated 31.10.2018 passed in Cr. Misc. No.59369 of 2018 respectively.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 115 of 2017 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.70601 of 2018(3) dt.12-12-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T