Md. Mobarak @ Mubarak v. The State Of Bihar

Patna High Court Cr.Misc. No.6461 of 2018 (2) dt.08-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6461 of 2018 Arising Out of PS.Case No. -112 Year- 2015 Thana -JALALGARH District- PURNIA ====================================================== Md. Mobarak @ Mubarak, son of Md. Quddus, Resident of Village Jalkar P.S. Jalalgarh, District- Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.08.2017 in connection with Jalalgarh P.S. Case No. 112 of 2015 for the offences alleged under Sections 147, 148, 149, 323, 307, 302, 504 and 427 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations as far concerns the petitioner are general ad omnibus in nature. The thrust of accusations of committing assault upon Md. Ekhlakh is on co-accused Shakir. Similarly situated co-accused Mustaque @ Mattu and Md. Margoob have been granted bail by this Court in Cr. Misc. No. 31252 of 2016 and Cr. Misc. No. 38960 of 2017 respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.6461 of 2018 (2) dt.08-02-2018 satisfaction of learned Additional Chief Judicial Magistrate-II, Purnea, in connection with Jalalgarh P.S. Case No. 112 of 2015, on the following 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) 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) Md. Ibrarul/- U T