Raja Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80657 of 2018 Arising Out of PS. Case No.-204 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Raja Hussain S/o Hamid Mian R/v-Birwat,P.S-Uchkagaon,Dist.-Gopalganj. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Uchkagon P.S. Case No. 204 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the father of the Informant on the dispute of digging tank for toilet. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute. It has been further submitted that allegation against the petitioner is of inflicting farsa blow upon Sagir Alam which has been found to be simple in nature by Doctor who has opined

Patna High Court CR. MISC. No.80657 of 2018(3) dt.26-02-2019 2/3 that the injury has been caused by hard and blunt substance. Petitioner has got no criminal antecedent and is in custody since 07.09.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj, in connection with Uchkagon P.S. Case No. 204 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.80657 of 2018(3) dt.26-02-2019 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U