Javed @ Md. Javed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61818 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -KHAJEKALA District- PATNA ====================================================== Javed @ Md. Javed, son of Md. Mustakin @ Munna, resident of Mohalla Bartal, P.S. Khajekalan, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Khajekalan, P.S. Case No. 130 of 2018, registered for offences punishable under Sections 302/34 of Indian Penal Code and Section 27 of Arms Act.
Allegation as per F.I.R is that the petitioner called the informant's younger brother and when he reached near the Mazar, then the other accused person shot in his head, causing his death. Submission of the learned counsel for the petitioner is that F.I.R. itself shows that the petitioner is not the assailant and he is in custody since 15.05.2018. Heard learned A.P.P. opposed the prayer for bail stating that the petitioner is responsible for his death.
Patna High Court Cr.Misc. No.61818 of 2018 (2) dt.11-10-2018 2/2 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/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Patna City, Patna, in connection with Khakekalan P. S. Case No. 130 of 2018, 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.
(Vinod Kumar Sinha, J) Sudha/- U T