Taiyab Mian @ Ashraf @ Taiyab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69550 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Taiyab Mian @ Ashraf @ Taiyab, Son of Afjal Ali, Resident of VillagePachbarawa, P.S. Andar, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Hussainganj P.S. Case No. 48 of 2018 registered for the offences punishable under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation against petitioner is of killing the brother of the informant due to some money dispute. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case only on suspicion. There is no eyewitness of the occurrence. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the possession of the petitioner. He is in custody since

Patna High Court Cr.Misc. No.69550 of 2018(3) dt.17-12-2018 2/2 06.07.2018.

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 Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 48 of 2018, subject to the 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 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) Rajiv/ManojU T