Mqbool @ Billa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56611 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== 1.

MQBOOL @ BILLA Son of Jainuddin 2.

Mohd. Kaif @ Banti Mia Son of Shamshir @ Samsir Ahmad Both R/O of - Dakhin Tola Siwan, P.S.- Siwan Town, District - Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.P.K.Shahi, Adv : Mr.Ajay Kumar Pandey, Adv For the State :

Mr.Bal Mukund Prasad Sinha, APP For the Informant : Mr.Bipin Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302/120B of the Indian Penal Code and 27 Arms Act.

According to FIR, grand son of the informant left his house alongwith six known and some unknown person and thereafter his dead body was recovered.

Submission is that similarly situated co-accused -Kaum @ Star, Sandeep Kumar @ Sandeep have already been allowed bail by different Coordinate Benches of this Court. Petitioners are in custody since 11.02.2019. There is nothing to substantiate that the petitioners are going to tamper with the

Patna High Court CR. MISC. No.56611 of 2019(4) dt.23-01-2020 2/2 evidence or not cooperate with the trial.

Learned counsel for the informant opposed the prayer for bail on the ground of long list of criminal antecedent of the petitioner No.1.

Considering the fact that similarly situated other co-accused have been allowed bail by different Coordinate Benches of this Court, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.311 of 2019 arising out of Siwan Town Police Station Case No.96 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioners shall fully cooperate with the trial of the case which is already going on, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T