Tanbeer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86234 of 2019 Arising Out of PS. Case No.-122 Year-2014 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== TANBEER ALAM S/o Late Maksud Alam @ Late Maksud Hajam R/o village- Bedu Tola, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Yogendra Prasad Sinha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-05-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 122/2014, 302/34 of the I.P.C.

Informant has alleged in his written complaint that on 16.03.2014 at about 4:00 PM petitioner and other co-accused were assembled near the Shiv Mandir at village Sunderpatti near canal with Ganja and they were drinking wine and on protest by the Pujari (deceased), some altercation took place between the

Patna High Court CR. MISC. No.86234 of 2019(4) dt.29-05-2020 2/3 accused and Pujari. On 18.03.2014 the dead body of the Pujari Baba Ram Das was found hanging on the tree near the temple. Villagers assembled there and suspected that accused persons including petitioner might have committed murder of Pujari. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. There is no eye-witness of the occurrence. Similarly placed co-accused, namely, Sibu Ahmad has been granted regular bail by a co-ordinate Bench of this Court as contained in Annexure-2. Petitioner has no criminal antecedent and is in custody since 13.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Gopalganj P.S. Case No. 122 of 2014 subject to the conditions that:-

(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

Patna High Court CR. MISC. No.86234 of 2019(4) dt.29-05-2020 3/3 and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T