Md. Jasim Khan @ Jasim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41314 of 2017 Arising Out of PS.Case No. -247 Year- 2017 Thana -BAHERA District- DARBHANGA ======================================================

1. MD. JASIM KHAN @ JASIM KHAN, Son of Md. Nasim Ahmed Khan, resident of Village- Ashapur, P.S. Bahera, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Bahera P.S. Case No. 247 of 2017, registered for offences punishable under Sections 153/153A, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner is of disturbing the communal harmony by exchanging objectionable religious messages.

It has been submitted on behalf of the petitioner that his mobile has been seized by the police and after twenty five days, the present case has been lodged. It has also been submitted that petitioner has sufficiently been punished for the said offence as he has been in judicial custody since 05.07.2017 and has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and the period of custody, 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 to the satisfaction of learned ACJM, Benipur, Darbhanga, in connection with Bahera P.S. Case No. 247 of 2017, 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) Petitioner shall mark his attendance in concerned police station in first week of each month till conclusion of trial.

(iv) 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