Patna High CourtCR. MISC./54982/2018bail granted

Md. Mokhtar @ Munna @ Munna Khan v. The State Of Bihar

2018-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54982 of 2018 Arising Out of PS.Case No. -11 Year- 2015 Thana -SIMRI District- DARBHANGA ======================================================

1. MD. MOKHTAR @ MUNNA @ MUNNA KHAN S/o Late Md. Mobin @ Mosin, R/o Vill.- Bahadura, P.S.- Singhia, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 The petitioner is in custody since 29.03.2017 in connection with Simari P.S. Case No. 11 of 2015, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation as per F.I.R. is that one dead-body was recovered by the Chokidar and case was lodged against unknown. Later on, co-accused Raman Kumar @ Munna Singh was arrested and on his confessional statement, petitioner is made accused in this case. Further it appears that petitioner is also accused in one more case.

Submission of learned counsel for the petitioner is that except confessional statement, there is absolutely nothing against the petitioner and he has falsely been implicated in this case. The petitioner is in custody since 29.03.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54982 of 2018 (2) dt.10-10-2018 2/2 Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IVth Darbhanga, in connection with Simari P.S. Case No. 11 of 2015, with 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/Amjad/- U T