Md. Ashlam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9299 of 2015 Arising Out of PS.Case No. -86 Year- 2014 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Md. Ashlam S/o Md. Rashid, R/o- Hashanpur- Bagar, P.S.- Naokothi, Dist.- Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Opposite Party/s : Mr. H. A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 379/34 of IPC. Allegation against the petitioner and others is to have demanded cigarette on credit from the informant which was refused by him, thereafter, the petitioner assaulted the informant with iron rod causing injury on his right eye and when his mother came to his rescue she was also assaulted by the accused. It is submitted that occurrence has taken place on 12.5.2014, whereas, the written report has been given to the Superintendent of Police on 26.6.2014.

However, after investigation charge-sheet has already been submitted under Sections 323, and IPC and there is

Patna High Court Cr.Misc. No.9299 of 2015 (4) dt.23-06-2015 2/2 no chance of tampering with the witnesses.

It is further submitted that the petitioner is in custody since 9.12.2014 having no criminal antecedent. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Rameshwar Mishra, learned Judicial Magistrate, 1st Class, Begusarai/court concerned in Naokothi P. S. Case No. 86 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T