Jawadul @ Jawadul Hak vs The State Of Bihar
2021 Latest Caselaw 535 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.32212 of 2020
 Arising Out of PS. Case No.-187 Year-2018 Thana- KOCHADHAMAN District- Kishanganj
 ======================================================

Jawadul @ Jawadul Hak, aged about 62 years, Male, son of late Khairuddin @ Sheruddin, resident of village - Mirzapur, P.S.-Routa, Distt.- Purnia.

... ... Petitioner/s

Versus

The State of Bihar

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

 For the Petitioner/s   :        Mr. Pankaj Kumar, Advocate
 For the State          :        Mr. Ajay Kumar No. 2, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2021

Heard Mr. Pankaj Kumar, learned counsel for the

petitioner and Mr. Ajay Kumar No.2, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Kochadhaman PS Case No.187 of 2018 dated 09.10.2018,

instituted under Sections 395/397 of the Indian Penal Code; 27

of the Arms Act,1959 and 3/4 of the Explosives Substances Act,

1908.

3. Though the FIR is against unknown persons, but

the petitioner has been made accused and also arrested as he

was seen by witnesses talking with other co-accused persons

and having antecedent of cases against him of similar nature.

Patna High Court CR. MISC. No.32212 of 2020 dt.01-02-2021

4. Learned counsel for the petitioner submitted that

without any legal evidence against him, he has been arrested on

an illegal ground that he has antecedent of similar nature.

Learned counsel submitted that the only thing which has come

during investigation is that some of the witnesses have stated

that the petitioner and others were seen talking at the haat

before the commission of the offence. It was submitted that the

petitioner has four other cases against him, but in three, he has

been acquitted and in one case of the year 2007, he is on bail

and trial is going on. It was further submitted that there has been

no Test Identification Parade (hereinafter referred to as the

'TIP') in the case despite the informant claiming that he could

recognize the culprits. Learned counsel submitted that the name

of the petitioner surfacing is said to be on secret information

without disclosing the source and only because the petitioner

carries antecedent of cases of similar nature, but nothing has

come to connect him to the present crime. Learned counsel

submitted that the petitioner is in custody since 31.05.2020.

5. Learned APP, from the case diary, submitted that

witnesses have stated that the petitioner along with others was

seen talking to each other on the day of the incident at the haat.

Learned APP further submitted that the Superintendent of Patna High Court CR. MISC. No.32212 of 2020 dt.01-02-2021

Police, Kishanganj, has informed him that the informant is not

ready to go for TIP.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the Chief Judicial Magistrate,

Kishanganj, in Kochadhaman PS Case No.187 of 2018, subject

to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the Patna High Court CR. MISC. No.32212 of 2020 dt.01-02-2021

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T