Md. Tajuddin @ Jangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34869 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BARHARIA District- SIWAN ====================================================== Md. Tajuddin @ Jangi Son of Late Zeyouddin, R/o Village- Ranipur, P.S.- Barharia, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner.

The petitioner seeks bail in connection with Barharia P.S. Case No. 12 of 2017 registered for offences punishable under sections 341, 323 and 307 of the Indian Penal Code. Allegation against the petitioner is that petitioner and other co-accused persons assaulted the informant and his father with lathi and danda .

Learned counsel for the petitioner submitted that except the allegation of catching hold of the informant there is nothing against the petitioner and so far criminal antecedent is concerned, one case has been filed against him by the family member of the informant and he has been in custody since 14.06.2017.

Heard learned A.P.P. as well as learned counsel for the informant, who have opposed the prayer for bail stating that injury is grievous in nature.

Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. However, if charge sheet has been submitted against the petitioner and if on perusal of the same, there is no other allegation against him, the court below will release the petitioner on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., in connection with Barharia P.S. Case No. 12 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not adduce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation

of his bail.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) veena/- U T