IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25896 of 2008 MD. ASLAM RIJAVI @ MD. ASLAM RIZVI Versus STATE OF BIHAR ----------- 4. 03.12.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner renews his prayer for bail from custody in a Police case under Sections 302, 307, 324/34 of the Penal Code and Section 27 of the Arms Act. The submission is that recording on the previous occasi8on in Cr. Misc. No. 42777 of 2007 that he was identified by the injured driver is an error of record inasmuch as the driver died on the spot and was brought dead to the hospital. There is no material against the petitioner in the case diary except for his own confession and information made available to the police from the undisclosed sources that he was allegedly associate of one Prem Chandra Shukla alias Fighter and that on the date of occurrence he was noticed in the town of Muzaffarpur. Learned Counsel for the State from the materials in the case diary is not in a position to controvert the submissions. In Cr. Misc. No. 28525 of 2007 rejecting the prayer for bail of co-accused Prem Chandra Shukla alias Fighter this Court had noticed that the FIR was against unknown. The informant with his driver was accosted by six people on three motorcycles on Highway. The firing was done by one of them. The driver lost control and the vehicle crashed. The informant’s friend following him took him and the deceased to the hospital. 2 The petitioner in Cr. Misc. No. 28525 of 2007 was identified by friend of the informant. The order rejecting his bail also noticed that the weapon used was an AK 47, an automatic weapon confirmed by availability of Forensic Report when empty shells were found on the spot. The nature of the investigation done by the police, founding it on the confession of the petitioner made before the police prohibited by the Evidence Act and the chargesheet submitted on that basis creates foundation for the petitioner to seek bail. This Court is disturbed by the manner in which the investigation has been done in such a serious case in today’s time when several modern and scientific method of investigation are available. The nature of the investigation done by the police has created an opportunity for bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of CJM Vaishali at Hajipur in Hajipur Town PS Case No. 670 of 2006. Both the sureties of the petitioner must be his father and mother respectively. Their photographs and proof of residence shall be appended to the bail bonds which shall be verified by the court below and accepted only thereafter. The petitioner shall be required to be physically present on each date in the trial unless the court below at its 3 wisdom exonerates him from such appearance on any single date. In the given seriousness of the allegations and the nurture of investigation done, absence of TIP, this Court considers it further proper to direct that the petitioner during the period of trial on every alternate Monday shall report before the Superintendent of Police Vaishali at Hajipur. In the event of his violating any of the conditions of this bail the prosecution shall be at liberty to move appropriately before the court below. Let a copy of this order be sent to the Director General of Police, Bihar for his consideration in terms of the provisions of the Code of Criminal Procedure. Snkumar/- (Navin Sinha,J.)