Patna High CourtCR. MISC./2827/2017bail granted

Md. Ishtiyak @ Md. Istiyaque Alam v. The State Of Bihar

2017-02-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2827 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -DAGARUA District- PURNIA ======================================================

1. Md. Ishtiyak @ Md. Istiyaque Alam, son of Late Sadique, Resident of Village Parsarai, P.S.- Dagarwa, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 The petitioner is in custody since 22.12.2016 in connection with Dagarwa P.S. Case No. 35 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that from perusal of the F.I.R. itself, it will appear that petitioner can at best be alleged to be the order giver except that petitioner has nothing to do with the present case and also there is no allegation of assault against this petitioner and he has been in judicial custody since 22.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is no allegation of assault against this petitioner and he has been in judicial custody since 22.12.2016, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each

Patna High Court Cr.Misc. No.2827 of 2017 (2) dt.09-02-2017 2/2 to the satisfaction of learned ACJM-II, Purnea, in connection with Dagarwa P.S. Case No. 35 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T