Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28967 of 2018 Arising Out of P.S.Case No. -8 Year- 2017 Thana -PURAINI District- MADHEPURA ======================================================

1. Md. Abbas S/o Late Md. Gafur, R/o Vill.- Makdampur, (Kahar Toli), P.S.- Puraini, Distt.- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in custody in connection with Puraini P.S.Case No.08 of 2017 registered for an offence under Section 302 of the IPC.

It has been submitted that the case has been registered against unknown. The name of this petitioner was disclosed after four months of the occurrence by the mother of the deceased raising suspicion against this petitioner and other co-accused on account of land dispute and also refusal of the deceased to marry with the daughter of Md. Atabul. The other co-accused whose name were disclosed have been allowed bail by a coordinate Benches of this Court in Cr.Misc.No.28666 of 2018, 17960 of 2018 and 19876 of 2018.

Patna High Court Cr.Misc. No.28967 of 2018 (3) dt.07-06-2018 2/2 The learned APP opposed the submissions.

Considering the facts and circumstances of the case, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Shiv Kumar, Judicial Magistrate, Ist Class, Udakishunganj, Madhepura in connection with Puraini P.S.Case No.08 of 2017 (G.R.No.170 of 2017).

(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 themselves 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.

(Sanjay Kumar, J) B.Kr./- U T