Md. Wahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27539 of 2017 Arising Out of PS.Case No. -414 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Md. Wahid Son of Late Fudur @ Mazid, Resident of Village- Suwaldah, Mazhua, P.S.- Narpatganj, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 05.02.2017 in connection with Narpatganj P.S. Case No. 414/2016 for offences punishable under Sections 302, 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that the petitioner along with other co-accused has killed his mother by fire-arm.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that co-accused Dinesh Ram Das and Md. Alam are alleged to have caused fire-arm injury and the petitioner
Patna High Court Cr.Misc. No.27539 of 2017 (5) dt.04-08-2017 2/3 and co-accused Raju Ram Das are alleged to have caught hold of the informant's mother. He submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner and that Md. Alam and Raju Ram Das have been granted the privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 30349 of 2017 on 12.07.2017 and Cr. Misc. No. 30768 of 2017 on 24.07.2017.
However, learned APP for the State opposes the prayer for bail.
Be that as it may, let petitioner, above named, 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 learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 414/2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without
Patna High Court Cr.Misc. No.27539 of 2017 (5) dt.04-08-2017 3/3 assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T