Md. Maqsood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54709 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Md. Maqsood, Son of Late Md. Azad, resident of village- Laruara, P.S. Muffasil (Singhaul O.P.), District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Mufassil P.S. Case No. 68 of 2017 for offences alleged under Sections 341,323,504,307,34 of the Indian Penal Code.

The prosecution case, as lodged by the informant is that while he was going out, the petitioner along with other co-accused started assaulting him by means of knife. Specific allegation upon the petitioner is that he assaulted the informant many times with knife of which he received injuries.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in this case. He submits that no offence has been made out and that

Patna High Court Cr.Misc. No.54709 of 2017 (2) dt.22-11-2017 2/3 petitioner is languishing in judicial custody since 20.07.2017 and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that the injury on the finger and knee which the informant sustained somewhere else but on being on inimical terms he has been falsely implicated in this case. The injuries are found to be simple in nature.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail after completion of three months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Mufassil P.S. Case No. 68 of 2017, subject to the following conditions:-

1. One of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner

2. Petitioner will appear before the learned court below during trial as and when required and failure to appear on two

Patna High Court Cr.Misc. No.54709 of 2017 (2) dt.22-11-2017 3/3 consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) khushbu/- U T