Md Gyas @ Md Gyasuddin @ Md Gyas U Ddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12269 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== MD GYAS @ MD GYASUDDIN @ MD GYAS U DDIN Son of Md. Haroon Resident of Village - Jhitkiya, Ward No.05, P.S.- Singheshwar, Dist.- Madhepura.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupesh Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Singheshwar Police Station Case No. 110/2020 registered for the offences punishable under section 354B and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner and other accused persons entered into the house of the informant and on the order of the co-accused Md. Harun, all the accused persons including the petitioner sprinkled petrol and put the residential house on fire. Some money, wooden box etc were burnt and cow was injured in the fire.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.12269 of 2021(2) dt.29-06-2021 2/3 case due to village politics to grab his land. Police after investigation has submitted chargesheet for the offence under sections 147, 149, 341, 323, 354B, 307,429,504,506 IPC. Parties have compromised the matter and has already filed compromise petition before the court of Chief Judicial Magistrate, Madhepura (Annexure 7). Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 15.9.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and period of custody of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Singheshwar Police Station Case No. 110 of 2020/CIS No.737 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the

Patna High Court CR. MISC. No.12269 of 2021(2) dt.29-06-2021 3/3 Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T