Md. Jahangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1627 of 2024 Arising Out of PS. Case No.-255 Year-2015 Thana- ALOULI District- Khagaria ====================================================== Md. Jahangir Son Of Late Jakir Hussain Resident of Village- Dhaka Basti, P.S. - Banka, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Buddhi Lal Yadav, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
2. The petitioner seeks bail in connection with Alauli P.S. Case No. 255 of 2015 registered for the offences punishable under Sections 302/34 and 120(B) of the Indian Penal Code.
3. The informant is not an eye witness of the occurrence however, she has named the petitioner and two others who have killed her husband, Md. Postam, in collusion and conspiracy and dead body was kept on the road as the deceased was having sweet relation with co-accused Hajrun Nisha @ Hajru Nisha, the petitioner is the son of Hajru Nisha and he and co-accused Jahangir were not pleased with the conduct of the deceased and earlier also co-accused Jahangir has
Patna High Court CR. MISC. No.1627 of 2024(3) dt.19-03-2024 2/3 caused threats to the deceased. Submission is of false implication and that neither the informant nor any witness is an eye witness of the occurrence, only on suspicion the petitioner has been implicated, during investigation only it has come that the petitioner was inside the house along with some relative, without any legal and cogent material chargesheet has been submitted resulting the petitioner is suffering in custody since 28.03.2023. Similarly situated co- accused persons, namely, Md. Dulare @ Md. Dullard and Hajrun Nisha passed in Cr. Misc. Nos. 22229 of 2016 and Cr. Misc. No. 12906 of 2016 vide orders dated 31.03.2016 and 05.07.2016 respectively.
4. In the facts and circumstances stated above, above named petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 255 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall dis entitle the
Patna High Court CR. MISC. No.1627 of 2024(3) dt.19-03-2024 3/3 petitioner from privilege of bail.
(Ramesh Chand Malviya, J) saurabhkr/- U T