Md. Nurshed @ Md. Nurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.479 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- BAUSI District- Purnia ====================================================== Md. Nurshed @ Md. Nurshid, aged about 30 years Male person, son of Mojibur Rahman, resident of Village - Majlishpur, Police Station Baisi, District Purnea (Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar, Advocate For the Informant :

Mr. N.K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate For the Opposite Party :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 341, 504, 307 and 379/34 of the Indian Penal Code registered in connection with Baisi P.S. Case No. 150 of 2018.

3. It is submitted that the petitioner has been falsely implicated and accusation of assault by the petitioner on the head of Md. Navej by iron rod is not supported by the injury report which discloses the injuries by sharp cutting substance. The final injury report, in absence of CT scan report, shows that the injuries are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case

Patna High Court Cr.Misc. No.479 of 2019(2) dt.31-01-2019 2/2 No. 150 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T