Nasir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25030 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -JAMOBAZAR District- SIWAN ====================================================== Nasir Hussain, Son of Md. Nasim, Resident of Village- Taiya Dumari, Police Station- Jamo Bazar, District-- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 16.01.2017 in connection with Jamo Bazar P.S. Case No. 05 of 2017 registered for the offence punishable under Sections 341, 323, 324, 307 and 504 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that her son after seeing match had some altercation with the petitioner and the petitioner stabbed him with knife on his abdomen.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history

Patna High Court Cr.Misc. No.25030 of 2017 (4) dt.28-07-2017 2/3 and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. He submits that a counter case had been lodged by the petitioner's grandfather that the son of the informant had ransacked his house just after one and half hours of the alleged occurrence.

However, learned A.P.P. for the State submits that the injury has been found to be grievous in nature after taking opinion from PMCH, hence, vehemently opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Jamo Bazar P.S. Case No. 05 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned

Patna High Court Cr.Misc. No.25030 of 2017 (4) dt.28-07-2017 3/3 Court below on each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T