Subhas Khalifa @ Subhas Khalif v. The State Of Bihar

Patna High Court Cr.Misc. No.2094 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2094 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -BALIA District- BEGUSARAI ====================================================== Subhas Khalifa @ Subhas Khalif, Son of Late Wakil Khalifa, R/o Satti Chaura, Choti Bailia, Madhurapur, Ward No .1, P.S. Ballia, DistrictBegusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.09.2017 in connection with Balia P.S. Case No. 119 of 2017 for the alleged offences under Sections 302, 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion, except which there is no material whatsoever to connect the petitioner with the alleged occurrence. The accusations are general and omnibus against as many as nine accused persons including the petitioner. Similarly situated coaccused Amar Khalifa, Jeetu @ Manish Khalifa and Bhuwan Khalifa have been granted bail by this Court in Cr. Misc. No.1159 of 2018 while other co-accused Bhuttu Khalifa @ Shyamdeo Khalifa and Madhu Devi have been granted anticipatory bail by this Court in Cr. Misc. No. 51800 of 2017 and Cr. Misc. No. 58233 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.2094 of 2018 (2) dt.15-01-2018 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 Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 119 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate 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) Chandran/BT U T