Tajju @ Ali Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78712 of 2018 Arising Out of PS. Case No.-275 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Tajju @ Ali Imam S/o Inam @ Inamul Haque R/o Mohalla-Magalpura Sheikha Ka Roza,P.S. Khajekalan,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha, Adv.

For the Opposite Party/s :

Mr.Sri Asharaf Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khajekalan P.S. Case No. 275 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act. Informant has alleged in his written complaint that on 13.08.2018 at 5 P.M. when he came back after his duty he was informed that his maternal cousin brother Tanvee Alam has been killed while he was on his motorcycle by the F.I.R. named accused including the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. There is general and omnibus allegation against all the F.I.R. named accused including the

Patna High Court Cr.Misc. No.78712 of 2018(2) dt.16-01-2019 2/2 petitioner. It has been further submitted that Sonu had earlier instituted a case against informant as such all family members have been implicated in this case. Informant is not an eyewitness and has not disclosed the source of his information. Petitioner is in custody since 14.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, Patna, in connection with Khajekalan P.S. Case No. 275 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T