Md. Rafique Alam @ Rafique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74255 of 2019 Arising Out of PS. Case No.-579 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. RAFIQUE ALAM @ RAFIQUE ALAM Son of Najafa @ Najimuddin Resident of Village- Baldiya Bhasa, P.S.- Goalpokhar, District- Uttar Dinajpur (West Bengal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Kishanganj P.S. Case No.579 of 2018 registered for the offence punishable under Sections 302, 353 and 333/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the co-accused namely Takabul Haque.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of the petitioner that his name has transpired in the confessional statement of co-accused namely

Patna High Court CR. MISC. No.74255 of 2019(2) dt.25-11-2019 2/2 Takabul Haque and save and except that confessional statement there is no other material against the petitioner so far and the said coaccused has been granted regular bail by a learned coordinate bench of this Court in Cr.Misc.No.34645 of 2019 as also that the petitioner has remained in custody since 10.07.2019 and charge-sheet has already been filed in the matter, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.579 of 2018, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.