Khalid @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 53904 of 2019 Arising Out of PS. Case No.-716 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Khalid @ Bittu, male, aged about 20 years, son of Shakil @ Raju Mian Resident of Village - Khagaura, P.S.- Dhanauti O.P., Distt. - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the State :

Mr. Ram Sumiran Rai, A.P.P.

For the Informant :

Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

20-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Siwan Muffasil P.S. Case No. 716 of 2018 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that as per F.I.R., serious allegation has been made against one Shakil @ Raju of giving gun shot injury on the stomach of son of the informant. Only allegation, as levelled in the F.I.R. against the petitioner, is that he had caught hold the informant's son. He further submits that due to land dispute in between the parties, petitioner has falsely been implicated. He submits that petitioner is having clean antecedent and he is in custody since 17.07.2019.

Patna High Court CR. MISC. No.53904 of 2019(4) dt.20-11-2019 2/2 Learned Addl. Public Prosecutor as well as learned counsel for the informant have vehemently opposed the prayer for bail.

However, considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Siwan Muffasil P.S. Case No. 716 of 2018 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, 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.

(Prabhat Kumar Singh, J.) anay U T