Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77782 of 2019 Arising Out of PS. Case No.-334 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== AZAD ALAM Son of Amin Miyan Resident of Village - Bhatwalia, P.S.- Majhaulia, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/307/324/34 of the Indian Penal Code.

Allegation against FIR named accused including the petitioner is to have brutally killed the son of the informant. Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 13.07.2018.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant regular bail

Patna High Court CR. MISC. No.77782 of 2019(2) dt.22-01-2020 2/2 to the petitioner at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, after framing of charges, 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 Majhaulia P.S. Case No. 334 / 2017 , 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