Md. Hassan @ Umar Hassan @ Md. Hassan Imam @ Hussan Imam @ Hasan Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48750 of 2016 Arising Out of PS.Case No. -305 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== MD. HASSAN @ UMAR HASSAN @ MD. HASSAN IMAM @ HUSSAN IMAM @ HASAN IMAM Son of Md. Sami, Resident of Village- Khatopur, P.S. Mofassil, District Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Nitesh Kumar, Advocates For the Informant : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mufassil (Lakho) P.S.Case No. 305 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 302 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the allegation against the petitioner and some other accused persons is that they have assaulted the deceased and allegation against one Md. Ali is that he assaulted the deceased with khanti on the head of brother of the informant and there is only one injury on the person of the deceased and the petitioner has remained in custody since 31.7.2016.

Heard learned APP and learned counsel for the informant also. They have not controverted the above fact that on the person of the deceased only one injury was found.

Patna High Court Cr.Misc. No.48750 of 2016 (3) dt.03-02-2017 2/2 Having heard both sides and considering the aforesaid facts, and as post mortem report also shows only one injury on the person of the deceased, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Mufassil (Lakho) P.S.Case No. 305 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U