Patna High CourtCR. MISC./56248/2018bail granted

Islam Mian @ Islam Ansari v. The State Of Bihar

2018-10-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56248 of 2018 Arising Out of PS. Case No.-230 Year-2010 Thana- NAUTAN District- West Champaran ====================================================== Islam Mian @ Islam Ansari S/o Ibrahim Mian, resident of Village- Banhaura Sota, P.S.- Jagdishpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No. 151 of 2012 arising out of Nautan(Jagdishpur) P.S. Case No. 230 of 2010 registered for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the Informant by Farsa.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. Petitioner was not present at the place of occurrence as he had gone to Punjab to earn livelihood. Petitioner has got no criminal antecedent and is in custody since 19.07.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.56248 of 2018(2) dt.06-10-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 5th Additional District & Sessions Judge, Bettiah, West Champaran, in connection with Sessions Trial No. 151 of 2012 arising out of Nautan(Jagdishpur) P.S. Case No. 230 of 2010, with following conditions:-

(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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient 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) ranjan/- U