Md. Hasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7847 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -DAGARUA District- PURNIA ====================================================== Md. Hasim, son of Late Saleem, resident of Village - Bhakri, P.S. Dagarua, District - Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nadimul Hasan, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dagarua P.S.Case No. 72 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and no specific overt act has been alleged against him and he is in custody since 26.10.2016 and one co-accused, namely, Md. Saquib, has been granted bail by this Court in Cr.Misc.No. 3723 of 2017 vide order dated 9.2.2017.

Heard learned APP also.

Having heard both sides and considering the fact that there is no specific overt act has been alleged against the petitioner and he is in custody for four months and another co-accused has

Patna High Court Cr.Misc. No.7847 of 2017 (2) dt.22-02-2017 2/2 been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Purnea, in connection with Dagarua P.S.Case No. 72 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) 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 reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U