Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29087 of 2020 Arising Out of PS. Case No.-158 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== MD. AFROZ Son of Nasim Alam @ Bhola Resident of Village - Kokilwara, P.S.- Aurai, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Adv.

For the State :

Ms. Veena Rani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Aurai P S Case No 158 of 2019 instituted for the offence under Section(s) 341, 323, 324,307, 354, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted

Patna High Court CR. MISC. No.29087 of 2020(4) dt.11-01-2021 2/3 on the neck of the husband of the informant by knife. It has been submitted by the petitioner's counsel that specific allegation attributed to the petitioner is not corroborated by the injury report. The petitioner has falsely been implicated in this case. He is on bail in Govandi PS Case No 594 of 2019 pending against him since before. The petitioner has not been arrested from the place of occurrence and he has been remanded in this case on 13.12.2019 from the Govandi (Mumbai) PS Case No 594 of 2019.

The learned APP for the State opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIIIth, Muzaffarpur, in connection with Aurai PS Case No 158 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as

Patna High Court CR. MISC. No.29087 of 2020(4) dt.11-01-2021 3/3 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) shyambihari/- U T