Mukhtar @ Walister @ Md. Mukhtar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73648 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- AMAUR District- Purnia ====================================================== Mukhtar @ Walister @ Md. Mukhtar Alam Son of Md. Mojibur Rahman @ Md. Mojib @ Mojib Resident of Village- Majhuwa Nankar, Police StationAmour, District-Purnia. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Hussain For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323/341/324/307/504/506/34 IPC registered in connection with Amour P.S. Case No. 58 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The petitioner was not present at the time of occurrence as he was in Patna attending a political rally.

4. A perusal of the injury report containing in the case diary discloses that the injury on the head of the informant attributed to the assault by the petitioner is simple in nature.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Purnea, in connection with Amour P.S. Case No. 58 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court CR. MISC. No.73648 of 2018(3) dt.07-03-2019 2/2 also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T