Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41571 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Md. Shamim, Son of Md. Gaffar, Resident of Village- Matha, P.S.- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Salkhua P.S. Case No. 119 of 2015, registered for offences punishable under Sections 147, 148, 149, 341, 323, 379, 307, 452, 504 and 506 and later on added Section 302 of the Indian Penal Code.

Allegation against the petitioner that he along with several other persons killed the mother of informant. It has been submitted on behalf of the petitioner that no specific allegation has been made against the petitioner rather only general and omnibus allegation has been made. Further other coaccused persons having similar allegation have already been granted bail by this Court vide order dated 10.11.2015 passed in Criminal Misc. No. 51545 of 2015 and order dated 16.02.2017

passed in Criminal Misc. 52937 of 2016 and petitioner has been in judicial custody since 04.04.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Saharsa, in connection with Salkhua P.S. Case No. 119 of 2015, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part 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.

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