Najir Ghosi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53004 of 2017 Arising Out of PS.Case No. -1341 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Najir Ghosi, Son of Karamat Ghosi, Resident of Mohalla- Sagar (Alamganj), Ghosi Tola, P.S.- Sasaram (Town), District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 341, 323, 307, 447, 504/34 of the Indian Penal Code 25(1-b)a, 35/27 of the Arms Act.

Counsel for the petitioner submits that he has falsely been implicated in the instant case for attempting murder as there is subsisting dispute between the informant and the petitioner who are agnates. He further submits that the co-accused Chamru Dhobi, against whom allegation of firing has been levelled has been granted bail vide order dated 10.11.2016 passed in Cr. Misc. No. 36317 of 2016. He draws attention of this Court towards the

Patna High Court Cr.Misc. No.53004 of 2017 (2) dt.09-11-2017 2/3 compromise dated 23.03.2017 between the parties filed in the court below. He also submits that no other act is alleged against the petitioner and that he is in custody since 26.08.2017. Though he is accused in one another case prior to the instant case which he has mentioned in para 3 of the petition but he is on bail. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named 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 Chief Judicial Magistrate, Rohtas (Sasaram) in Sasaram Town P.S. Case No. 1341 of 2015 subject to the conditions :

(i) That 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 the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of

Patna High Court Cr.Misc. No.53004 of 2017 (2) dt.09-11-2017 3/3 misuse.

(iii) That 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) Prakash/- U T