Shahnawaz Sain @ Md. Shahnawaz Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57022 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== Shahnawaz Sain @ Md. Shahnawaz Hussain Babu Hussain Sain Resident Of Village Gossain Chapra, P.S Pachrukhi, (SARAY O.P.), District Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 25(1-b) a, 26 and 27 of the Arms Act. According to prosecution case, the accused person including the petitioner took the son of the informant and later on, the informant got information that his son was gun shot and he got injury on his left ear pit. The informant suspected that the petitioner along with other accused persons with the help of some unknown person killed his son.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.57022 of 2022(2) dt.09-02-2023 2/3 from the F.I.R. that only on the basis of the suspicion the name of petitioner has falsely been implicated in the case. He further submits that there is no eye witness of the allege occurrence. He further submits that during investigation the co-accused person, namely, Sonu Singh was arrested and his statement was recorded, in which he has particularly stated that Sudu Mian, main assailant of the co-accused, Sonu Singh has been granted bail from the Court below itself. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 06.08.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Pachrukhi (Saray O.P.) P.S. Case No.
1. 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
Patna High Court CR. MISC. No.57022 of 2022(2) dt.09-02-2023 3/3 as directed by the court 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.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T