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Patna High CourtCR. MISC./10507/2019bail granted

Md. Qumruddin @ Qumruddin v. The State Of Bihar

2019-02-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10507 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Md. Qumruddin @ Qumruddin, aged about 45 years (M), Son of Saidul Resident of village- Satbita ward no.05, Police Station- Jokihat, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Jokihat P.S. Case No. 216 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 325, 379, 354B, 436 and 447 of the Indian Penal Code.

Informant has alleged that while he and other were ploughing their field, petitioner and other co-accused as named in the F.I.R. came armed with weapons and started abusing and assaulting the informant.

It has been submitted on behalf of the petitioner that there is no allegation against the petitioner other than that he was also a member of unlawful assembly. No overt act has been attributed to him. Petitioner has no criminal antecedent and he is

Patna High Court Cr.Misc. No.10507 of 2019(2) dt.21-02-2019 2/2 in custody since 20.11.2018.

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 C.J.M., Araria in connection with Jokihat P.S. Case No. 216 of 2018, with following conditions:- (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 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) Sanjay/- U T