Abdul Qudus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14696 of 2019 Arising Out of PS. Case No.-295 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Abdul Qudus, Aged about 53 years, Gender Male, Son of Ababil Hussain Resident of Village - Brindaban , P.S.- Uchkagaon, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Amir Alam, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Uchkagaon P.S. Case No. 295 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties relating to land dispute. No specific accusation of assault is attributed to the petitioner. Injuries sustained by the injured are simple in nature. Other similarly situated accused persons, Abdul Manan, Asdullah @ Asoullah and Saheb Siddique have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 13.02.2019 passed in Cr. Misc. No. 8276 of 2019.

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

Patna High Court CR. MISC. No.14696 of 2019(2) dt.11-03-2019 2/2 9th Additional Chief Judicial Magistrate, Gopalganj in connection with Uchkagaon P.S. Case No. 295 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.

(Vikash Jain, J) BT/- U T