Patna High CourtCR. MISC./2907/2017bail granted

Chhotu Mian @ Md. Arbaz v. The State Of Bihar

2017-02-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2907 of 2017 Arising Out of PS.Case No. -354 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Chhotu Mian @ Md. Arbaz Son of Sonu Mian Resident of MohallaPurani Bazar, Jamui, P.O. and Police Station- Jamui, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abdul M. Khan For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 The petitioner is in custody since 30.11.2016 in connection with Jamui P.S. Case No. 354 of 2016, registered for offences punishable under Sections 341, 323, 186, 333, 307, 506 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that from the very face value of the allegation, no case under Section 307 of the Indian Penal Code is made out against the petitioner. Petitioner only accompanied the co-accused against whom the specific allegation of assaulting the informant by iron rod has been made. The petitioner has been in custody since 30.11.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that the main allegation of assaulting the informant on his head by a iron rod is against another co-accused, and the only allegation against the petitioner that he accompanied the said accused person and assaulted the informant by fists and slaps, let the petitioner above

Patna High Court Cr.Misc. No.2907 of 2017 (2) dt.01-02-2017 2/2 named, be released on bail on furnishing bail bonds of Rs. 15,000 (Rs. Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case No. 354 of 2016, with 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