Patna High CourtCR. MISC./41090/2017bail granted

Md. Muslim v. The State Of Bihar

2017-09-20Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41090 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -IMAMGANJ District- GAYA ======================================================

1. Md. Muslim Son of late Md. Kasim Resident of Village Raniganj, P.S.- Imamganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 24.05.2017 in connection with a case registered for the offences punishable under Sections 147/ 148/ 323/ 307/ 448/ 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there is specific allegation of having inflicted a sword injury on the informant by the petitioner, the First Information Report of the present case has been lodged as an afterthought. It is submitted that the date of occurrence as alleged to be 25.04.2017 at 07:00 P.M., but the Fardbeyan in this regard has been given only on 05.05.2017 at Magadh Medical College and Hospital at

Patna High Court Cr.Misc. No.41090 of 2017 (2) dt.20-09-2017 2/2 Gaya i.e., after a lapse of almost ten days. It is thus submitted that the First Information Report is wholly a created document and no plausible explanation has been offered in filing the same. Taking into consideration such fact and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Gaya, in connection with Imamganj P.S. Case No. 75/2017, subject to the following conditions:-

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall present himself before the Court below on each and every date of the trial and shall not absent himself from the trial for any reasons whatsoever without taking permission of the Court.

(Anjana Mishra, J) Saif/- U T