Md. Tarik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38716 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- KOTWALI District- Munger ====================================================== Md. Tarik S/o Late Gulam Gays @ Tunnu, R/o Vill.- Dilawarpur, P.S.- Kotwali (Munger), Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh For the Opposite Party/s :
Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Kotwali (Munger) P.S. Case No. 165 of 2018 for offences punishable under Sections 341, 323, 337, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that while he was in his house, the petitioner along with another named accused and 10-12 unknown persons started indiscriminate firing on which the car standing on the portico got damaged. The reason for such incident is that the petitioner and his friends took liquor, ganja and intoxicants near his house and on objection they have committed the said offence. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.38716 of 2018(2) dt.09-07-2018 2/3 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. The informant himself has further given on affidavit that the statement made by him in the F.I.R. are false and there is a compromise between the parties. He submits that there is general and omnibus allegations and the petitioner is languishing in judicial custody since 25.05.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No. 165 of 2018, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason
Patna High Court Cr.Misc. No.38716 of 2018(2) dt.09-07-2018 3/3 will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/Pragya U T