IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18919 of 2009 MD.FAKRUDDN @ FEKU MIYAN @ MD.FEKU @ FAKHRUDDIN, Son of late Md. Mansoor, R/o Mohalla Mogalpura, P.S. Mojahidpur, District Bhagalpur …. Petitioner Versus STATE OF BIHAR ……… Opp. Party For the petitioner : Mr.Nurul Hoda, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. --- 6 21.12.2009 Learned counsel for the petitioner filed 2nd supplementary affidavit. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It is submitted on behalf of the petitioner that three persons have been named in the first information report. Petitioner’s name surfaced after more than two and half years on the confessional statement of one co-accused Rana Mian wherein he had allegedly stated that petitioner had given order for killing the father of the informant. Thereafter, self incriminating confessional statement had been taken forcibly by the - 2 - police. It is submitted that learned Additional Sessions Judge has rejected the prayer for bail of the petitioner only on the ground that he was involved in about 16 criminal cases which were of serious nature. However, a supplementary affidavit has been filed on behalf of the petitioner stating therein that in majority of those cases the petitioner has been acqauitted of the charges. It is further submitted that altogether 7 witnesses have been examined in this case and none of the witnesses including the informant has named the petitioner. Petitioner is stated to be in custody since 10.11.2008. I have also perused the report of the trial court. In the facts and the circumstances of the case, the petitioner, MD.FAKRUDDN @ FEKU MIYAN @ MD.FEKU @ FAKHRUDDIN, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.D.J.(F.T.c. II), Bhagalpur, in connection with - 3 - Sessions Case No. 191 of 2009 arising out of Industrial P.S. Case No. 14 of 2006, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall state on affidavit, giving full genealogy, as to how he is related with the petitioner. It is further directed that the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, the court concerned will be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.) -----------