Md. Bakaullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66825 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- BELA District- Sitamarhi ====================================================== Md. Bakaullah Son of Late Md. Suleman Resident of Village-Chandi Rajwara,P.S. Bela,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :

Mr. Sri Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner seeks permission to make correction in paragraph 3 of the bail application so as to incorporate the pending criminal cases against the petitioner. Permission is granted. Let the same be done during course of the day.

Petitioner is apprehending his arrest for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted that specific allegation of killing the deceased is attributed against co-accused Navijan, Sheik Naim, Sanjay Mahto and Bikrant Lochan. Though the FIR alleges that four other persons were there but it is specifically mentioned that they were unknown persons. Petitioner being co-villager could not be said to be a unknown person. Apart from that it is submitted that there is nothing on record except the confessional

Patna High Court Cr.Misc. No.66825 of 2018(2) dt.14-12-2018 2/2 statement of co-accused Navijan.

In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Bela P.S. Case No. 70 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

1. That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

2. That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U