Hasin Akhatar @ Hasim Akhatar v. The State Of Bihar

Patna High Court Cr.Misc. No.64725 of 2018 (2) dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64725 of 2018 Arising Out of PS.Case No. -306 Year- 2017 Thana -SHAHKUND District- BHAGALPUR ======================================================

1. Hasin Akhatar @ Hasim Akhatar, Son of Late Abu Himayun @ Late Md. Abu Humayun, Resident of Village- Samastipur, P.S.- Shahkund, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Adv. For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, APP For the informant : Md. Anisur Rahman, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 The petitioner seeks regular bail in connection with Shahkund P.S. Case No. 306 of 2017, registered for offences punishable under Sections 341, 323, 342, 307, 379, 427, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner and other accused is of assault to the informant.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and although there is allegation against the petitioner is of assaulting the informant, however, the injury caused to him was found to be simple in nature and another co-accused of this case, namely, Sahjada @ Sahjada Alam, having similar allegation has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 08.10.2018 passed in Cr. Misc. No. 57913

Patna High Court Cr.Misc. No.64725 of 2018 (2) dt.26-10-2018 of 2018.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhagalpur, in connection with Shahkund P.S. Case No. 306 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 induce 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.

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