Md. Guddu @ Md. Nishad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11710 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Md. Guddu @ Md. Nishad, S/o Alauddin, R/o Vill.- Hazi Subhan, P.S.- Kotwali Munger, Dist.- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 337/2016, registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner is not named in the First Information Report, wherein specific allegation has been made against coaccused Saurabh Kumar, who killed the husband of the informant. During investigation the name of the petitioner transpired in the confessional statement of the petitioner and other co-accused. Submission is of false implication and that Om Lal Kumar Sah, who has confessed, has already been allowed bail,
Patna High Court Cr.Misc. No.11710 of 2017 (4) dt.22-05-2017 2/2 Bablu Sah, who has also confessed, has also been allowed bail and the petitioner is suffering in custody since 10.11.2016. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.
Learned A.P.P., on the other hand, submits that the petitioner has got criminal antecedent.
In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 337/2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) Rakhi U T