Patna High CourtCR. MISC./52963/2018bail granted

Md. Nazeer @ Nago v. The State Of Bihar

2018-09-20Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.52963 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52963 of 2018 Arising Out of PS.Case No. -830 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Md. Nazeer @ Nago S/o Late Md. Liyakat , R/o Vill.- Noorani MohallaWard no. 5, Madhepura, P.S. & District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 447, 341, 323, 324, 307,427, 379, 504, 34 IPC registered in connection with Madhepura P.S. Case No. 830 of 2017.

3. It is submitted that the petitioner has been falsely implicated on allegations which are general and omnibus in nature. No specific injury is attributed to the assault alleged against the petitioner. There is case and counter case between the parties in which both sides have received injury. Similarly situated co-accused Sajhida Khatoon @ Duria and Julekha Khatoon @ Jhalkiya have been granted anticipatory bail by this Court in Cr. Misc. No. 39776 of 2018.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.52963 of 2018 (2) dt.20-09-2018 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 830/2017 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T