Noor Azam @ Zalimulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53009 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Noor Azam @ Zalimulla, Son of Late Sirazuddin, Resident of VillageMahasan Gawn, Police Station- Kochadhaman, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kochadhaman P.S.Case no.87 of 2016 registered for offences punishable under Sections (Special Case No.11 of 2017) of the Indian Penal Code and Section 302, 376, 201, 120(B) of the ipc AND Section 8/12 of POCSO Act.

Petitioner is not named in the FIR and it appears that he has been named on the basis of confession of the co-accused. Submission of the learned counsel for the petitioner is that co-accused on whose confession the petitioner has been named in this case, has been granted bail by this Court, vide order dated 31.1.2017 passed in Cr. Misc. No.52646 of 2016. The petitioner is in custody since 8.4.2017.

Patna High Court Cr.Misc. No.53009 of 2017 (2) dt.21-11-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Kishanganj in connection with Kochadhaman P.S.Case No.87 of 2016 (in Special Case No.11 of 2017) With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T