Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41607 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== MD. NAUSHAD Son of Md. Mustaquim Resident of Village Kanaila, Police Station Sadar (Muffasil), District Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sadar (Muffasil) P.S. Case No. 178 of 2019 registered for the offence punishable under Sections 341, 342, 441, 323,307, 435, 379, 504 and 506 of the Indian Penal Code. Informant in his written complaint has alleged that four FIR named accused persons assaulted him by means of lathi and iron rod on his head, causing grievous injury to him and further alleged that they snatched silver chain from the neck of his wife and set fire his house.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. There is land dispute between the parties as they are Gotiyas and nature

Patna High Court CR. MISC. No.41607 of 2019(3) dt.27-09-2019 2/2 of injury is simple. Petitioner is in custody since 17.05.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sadar (Muffasil) P.S. Case No. 178 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) 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.

(S. Kumar, J) veena/- U T