Mir Fakhruddin @ Fakhruddin @ Md. Fakruddin And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.62323 of 2018 (3) dt.02-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62323 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -BASANHI District- SAHARSA ======================================================

1. Mir Fakhruddin @ Fakhruddin @ Md. Fakruddin, son of Mir Kamal,

2. Mir Ibran @ Mir Ibrahim @ Mir Imran, son of Meer Najam, resident of Village- Jhanjhri, Police Station- Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Adv. For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners seek bail in Basnahi P.S. Case No. 05/2018, registered for the offences punishable under Section 302 and 34 of the Indian Penal Code.

Allegation is committing murder of husband of informant by sharp-edged weapon.

It has been submitted that petitioners have falsely been implicated in this case. In the F.I.R., only suspicion is raised against the petitioners. Deceased himself was a veteran criminal having so many cases pending against him. Other co-accused have been granted bail vide order dated 17.09.2018 passed in Cr. Misc. 57365/2018, dated 12.10.2018 passed in Cr. Misc. 62863/2018.

Patna High Court Cr.Misc. No.62323 of 2018 (3) dt.02-11-2018 Petitioners have no criminal antecedent. They are in custody since 26.06.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Basnahi P.S. Case No. 05/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T