Md. Israil v. The State Of Bihar

Patna High Court Cr.Misc. No.299 of 2018 (3) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.299 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -JADIA District- SUPAUL ====================================================== Md. Israil, Son of Md. Yusuf, resident of village- Mogala Ghat, P.S.- Jadia, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Kumar Mehta For the Opposite Party/s : Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Jadia Police Station Case No. 90 of 2017 registered for the offences under sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

As per written report, there is specific allegation against Md. Jabbar, Md. Quddus, and wife of Md. Jabbar, namely, Salma Khatoon @ Dilshad Khatoon. It appears that there is general and omnibus allegation against this petitioner and similarly situated two accuseds have been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No.47966 of 2017. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below

Patna High Court Cr.Misc. No.299 of 2018 (3) dt.01-02-2018 within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul in connection with Jadia Police Station Case No. 90 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C. with further conditions (1) one of the bailors should be local person having sufficient immovable property within the jurisdiction of the court concerned

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without showing any genuine reasons, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Kumar, J) Mahesh/- U T