Patna High CourtCR. MISC./57333/2017bail granted

Md. Parvez v. The State Of Bihar

2017-12-13Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57333 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Md. Parvez, son of Md. Akhtar, resident of Village- Nawada, P.S. Katra, District- Muzaffarpur, At Present resident of Village- Harpur (Sudha), P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gaighat P.S. Case No.158 of 2017 corresponding to G.R. No.3180 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code. It is alleged that this petitioner along with four others entered into the house of informant and assaulted the informant and also took away cash and ornaments from his possession. The allegation of assault appears omnibus against five persons. The petitioner is in custody since 19.09.2017 having clean antecedent. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.57333 of 2017 (2) dt.13-12-2017 prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M. 15th-cum-Sub-Judge 16th, Muzaffarpur in connection with Gaighat P.S. Case No.158 of 2017 corresponding to G.R. No.3180 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) 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 reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U