Jakir Khan @ Md. Jakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2070 of 2018 Arising Out of PS. Case No. -379 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Jakir Khan @ Md. Jakir, Son of Sagir Khan, Resident of Village-Ratan Ward No.1, P.S. - Gogri, District-Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Choudhary, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.10.2017 in connection with Gogari P.S. Case No. 379 of 2017 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with murder of the informant's mother and the thrust of accusation of firing upon her is directly on the coaccused Sarfaraj. The petitioner and other accused persons are said to be merely present and there is no overt act or assault by the petitioner, who claims clean antecedents.

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 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 Fast Track Court-I, Khagaria in connection with S.C. No. 421 of 2017 arising out of Gogari P.S. Case No. 379 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.2070 of 2018 (2) dt.12-01-2018 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Chandran U T