Md. Mustakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64279 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Md. Mustakim aged about 21 years (Male) Son of Md. Abdul Rahman Resident of Barauni Flag, Imli Tola, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

29-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 63 of 2019 registered for the offence under Sections 363, 302 of the Indian Penal Code.

As per F.I.R., it is case of missing of informant's grandson, whose dead-body was subsequently recovered. It is submitted on behalf of the petitioner that F.I.R. was lodged against unknown and during course of investigation, in the re-statement of informant, petitioner's name has come, only with a view to grab his property. Petitioner is innocent and has committed no offence. It is further submitted that in this case, chargesheet has already been submitted and there is no allegation of tampering with the evidence. The petitioner is in custody since 10-04-2019, having no criminal antecedent.

Patna High Court CR. MISC. No.64279 of 2019(4) dt.29-01-2020 2/2 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., Begusarai in connection with Bhagwanpur P.S. Case No. 63 of 2019 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