Md. Sattar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8526 of 2019 Arising Out of PS. Case No.-388 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== MD. SATTAR, aged about 65 years, (M) S/o Late Shagru Resident of Village- Kasimpur, P.S.- Sangrampur. District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 147, 149, 323, 341, 325, 307, 384, 385 and 448 of the Indian Penal Code. Informant has alleged that due to non-payment of ransom petitioner along with FIR named accused entered into his house and on instigation of one Md. Miraj, all FIR named accused assaulted him and his family members by means of iron rod and lathi as a result of which they fell down and become senseless thereafter all accused fled away.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.8526 of 2019(3) dt.13-03-2019 2/3 that he is innocent and has been falsely implicated in this case due to land dispute. Incident is of 09.11.2017 and whereas FIR has been instituted on 18.11.2017 after a delay of 19 days. There is general and omnibus allegation against petitioner. He is in custody since 10.12.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sultanganj P.S. Case No. 388 of 2017 with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court CR. MISC. No.8526 of 2019(3) dt.13-03-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) manoj/- U T