Patna High CourtCR. MISC./56400/2017bail granted

Khalil Mian v. The State Of Bihar

2017-12-15Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56400 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Khalil Mian Son of Shahadat Mian R/o Village- Bhawanipur, P.S.- Sangrampur, District-East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar No.III, Advocate For the Opposite Party : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 147, 323, 341, 324, 307, 504 and 34 of the IPC. The allegation is that the petitioner assaulted one Ishlam Mian with farsa on his head.

Counsel for the petitioner submits that there is a case and counter case between the parties in respect of the same occurrence due to pending land dispute in which persons on both sides received injuries. Other similarly situated accused person Manzoor Mian has already been allowed bail by this Court vide order dated 22.10.2016, passed in Cr.Misc.No. 38238 of 2016. Petitioner has no antecedent prior to the instant case and he is in custody since 9.8.2017.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 14, Motihari,

Patna High Court Cr.Misc. No.56400 of 2017 (3) dt.15-12-2017 East Champaran in Sangrampur Police Station Case No. 39 of 2016 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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