Md. Amzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25660 of 2018 Arising Out of PS.Case No. -210 Year- 2017 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Md. Amzad, Son of Md. Ejazul Haque, Resident of Village- Gidarganj, P.S.- Andhrathadhi, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 The petitioner is apprehending his arrest in connection with Babubarhi P.S. Case No. 210 of 2017, registered for offences punishable under Sections 302 of the Indian Penal Code. Allegation against the petitioner and other co-accused is of committing death of the deceased.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R., his name has surfaced in this case only on the basis of confession of co-accused and except that there is nothing against the petitioner and in the confession also petitioner has not been disclosed to be the assailant. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.25660 of 2018 (4) dt.22-06-2018 2/2 court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -II, Madhubani, in connection with Babubarhi P.S. Case No. 210 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T