Md.Yunus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15023 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- DHURAIYA District- Banka * ====================================================== MD.YUNUS Son of Late Najmuddin Resident of Village- Sathiyari, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehend his arrest for the offences alleged under Sections 147, 341, 323, 307,379/504 IPC registered in connection with Dhoraiya P.S. Case No. 165/2018 (GR No. 2754/2018).

3. It is submitted that the petitioner has been falsely implicated in connection with land dispute and there is case and counter case between the parties, who are gotia. The petitioner is alleged to have assaulted the mother of the informant with Garasa, but the injuries are simple in nature. The petitioner claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant appear and has been heard.

5. Be that as it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two

Patna High Court CR. MISC. No.15023 of 2019(2) dt.12-03-2019 2/2 sureties of like amount each to the satisfaction of Sri Vikash Kumar, learned J.M.Ist Class, Banka in connection with Dhoraiya P.S. Case No. 165/2018 (GR No. 2754/2018) subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following 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 co-operate 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. (iv) 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 bonds shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail shall be confirmed upon verification from the injury reports that the injuries if any, on the mother of the informant are not grievous in nature.

(Vikash Jain, J) Chandran/- U T