Md. Basim @ Vasil @ Md. Wasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14834 of 2020 Arising Out of PS. Case No.-403 Year-2016 Thana- SAHARSA District- Saharsa ====================================================== Md. Basim @ Vasil @ Md. Wasim S/o- Md. Sattan Resident of Village- Meer Tola, Ward No. 7, P.S.- Saharsa Sadar, District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
02-06-2020 Heard learned counsel for the parties through video conferencing.
This relates to grant of bail in Saharsa P.S. Case No. 403 of 2016 registered for the offence under Sections 341, 323, 324, 307, 379, 354, 504/34 of the Indian Penal Code. As per First Information Report, the allegation against the petitioner is that petitioner alongwith others in the morning on 15-05-2016 assaulted sister and mother of the informant by lathi, danda and iron rod.
It is submitted on behalf of petitioner that there is general and omnibus allegation. No specific allegation of assault has been made against the petitioner. In fact, due to minor dispute between the children of both sides, the altercation took place between the parties. The petitioner is in custody since
Patna High Court CR. MISC. No.14834 of 2020(3) dt.02-06-2020 2/2 22-11-2019, having no criminal antecedent.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saharsa P.S. Case No. 403 of 2016 on the following conditions:
"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".
(Prabhat Kumar Singh, J.) anay U T