Munna @ Mojis @ Md. Moghis Alam @ Mogis v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37499 of 2020 Arising Out of PS. Case No.-121 Year-2020 Thana- JOKIHAT District- Araria ====================================================== MUNNA @ MOJIS @ MD. MOGHIS ALAM @ MOGIS S/o Md. Mushtaque Alam R/o village- Daulatpur, P.S.- Jokihat, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2021 Heard both parties.
The petitioner seeks bail in Jokihat P.S. Case No. 121 of 2020, registered for the offence punishable under Sections 147, 149, 341, 323, 324, 353, 307, 188, 269, 270. 427, 504 and 506 of the Indian Penal Code and section 3/4 of the Prevention of Damage to Public Property Act and section 51 of the Disaster Management Act.
FIR is against 37 named and 100 to 150 unknown. Petitioner is alleged to have inflicted Dabia blows upon the Chowkidar, as a result of which he sustained injury below his left eye and also sustained grievous injury on his hand. It is submitted on behalf of the petitioner that though there is allegation against this petitioner that he assaulted the Chowkidar with Dabia, but from the injury report, it appears
Patna High Court CR. MISC. No.37499 of 2020(3) dt.16-03-2021 2/2 that doctor has found the injury caused by hard and blunt substance. Petitioner is simply member of mob. Petitioner is in custody since 25.06.2020 and bears clean antecedent. Considering the period of custody coupled with the fact that petitioner has got no criminal antecedent, the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 121 of 2020, subject to following conditions:- (i) The petitioner 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T