CR. MISC./47898/2022 of JANTA MIA @ SHAHID ALAM Vs The State of Bihar on 24 December 2022

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24-12-2022

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.47898 of 2022

Arising Out of PS. Case No.-538 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ======================================================

JANTA MIA @ SHAHID ALAM Son of Majid Mian Resident of Village -Barhan Gopal, P.S.- Siwan Muffasil, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================Appearance :For the Petitioner/s: Mr. Javed Aslam, AdvocateFor the Opposite Party/s : Mr. Arun Kumar Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHAORAL ORDER

Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a periodof four weeks from today.

The petitioner seeks bail in connection with SiwanMuffasil P.S. Case No. 538 of 2021 registered for the offenceunder Sections 341, 323, 324, 307, 302, 504 and 34 of theIndian Penal Code.

The accused/petitioner is named in the F.I.R. and is incustody since 04.04.2022.

The allegation against the petitioner is to commitmurder of son of the informant along with other co-accusedpersons, by causing knife blow, on the chest of deceased.

Learned counsel appearing on behalf of the petitioner submitted that specific allegation of fatal assault is availableagainst co-accused, namely, Arbaj Ali, as per the face of FIR,where allegation against this petitioner is only to provide knifeand to give order. It is also submitted that occurrence is arisesout of neighborhood disputes and differences arises out ofdisputes raised during Ludo game. It is also pointed out thatpetitioner is involved in one more criminal case, where, he is onbail. While concluding the argument, it is submitted thatinvestigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance oftampering with the evidence.

Learned APP appearing on behalf of the State,opposes the prayer of bail.

Considering the facts and circumstances as mentionedabove, as specific allegation, with regard to fatal assault, as perFIR is against co-accused, namely, Arbaj Ali and not against thispetitioner coupled with the fact that charge-sheet has alreadybeen submitted, let the petitioner, above named, is directed to bereleased on bail in connection with Siwan Muffasil P.S. CaseNo. 538 of 2021 on furnishing bail bond of Rs.10,000/- (RupeesTen Thousand) with two sureties of the like amount each to thesatisfaction of learned C.J.M., Siwan/concerned court, subject to S.Katyayan/- UT

the condition as mentioned under Section 437(3) of the Cr.P.C.,with further condition:

“That Accused/Petitioner shall cooperatein the trial and shall be physically present on eachand every date before the Trial Court till conclusionof the trial and exemption from physicalappearance be allowed by the Trial Court, only onmedical ground of the petitioner duly supported bythe document.”

(Chandra Shekhar Jha, J)