Nasre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45732 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

NASRE ALAM S/O SK. ENUL HAQUE 2.

Noore Alam @ Noor Alam S/o SK. Jalil Both R/o village- Murgiya Tola, Chargaha, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120B, 504 of IPC.

The prosecution allegation, in short, is that the accused persons assaulted the informant in his field and when family members came in rescue, they were also assaulted by the accused persons due to which they sustained injuries. Later, the

Patna High Court CR. MISC. No.45732 of 2021(4) dt.28-04-2022 2/3 father of the informant died in course of treatment. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. They have falsely been implicated in the present case. He further submits that it appears from the FIR that there is general and omnibus allegation against the petitioners. He further submits that there is no allegation of overt-act against the petitioners. There is specific allegation against co-accused, namely, Jokat @ Azahar and Ash Mohammad and the petitioners are in custody since 14.03.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkauliya Police Station Case No.300 of 2020, with the following conditions:-

(1) Petitioners 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

Patna High Court CR. MISC. No.45732 of 2021(4) dt.28-04-2022 3/3 on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T