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Patna High CourtCR. MISC./68819/2019bail granted

Md. Junaid @ Pinku v. The State Of Bihar

2019-12-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68819 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== MD. JUNAID @ PINKU, S/O Late Md. Abbash R/V- Shakil Manzil, Bakkarganj, Moharrampur, Tabarak Gali, P.S.- Pirbahore, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B of the Indian Penal Code.

FIR has been lodged against unknown of committing murder of brother of informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The name of the petitioner has surfaced in this case on the basis of confessional statement made by one co-accused, Vishal Kumar @ Anshu and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner has been remanded in this case on 11.03.2019. Similarly placed co-accused persons have already been granted bail by this

Patna High Court CR. MISC. No.68819 of 2019(3) dt.18-12-2019 2/2 Court as contained in Annexure 2.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gandhi Maidan P.S. Case No.105 of 2019, Sessions Trial No.868 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T