Ash Mohammad v. The State Of Bihar

Patna High Court Cr.Misc. No.6513 of 2017 (2) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6513 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ash Mohammad, son of Late Hanif Mian, resident of Village Amir Khan Tola, P.S. Sugauli, District. East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nishi Nath Ojha, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.10.2016 in connection with Sugauli P.S. Case No. 218 of 2016 for the alleged offences under Sections 147, 148, 149, 323, 307, 353, 188, 295(A), 504, 506 of the Indian Penal Code and Section 3 and 4 of the Explosive Substance Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and in any event a large number of persons have been arrested in connection with mob of 500 persons indulging in creating nuisance. Similarly situated co-accused Jahruddin, Tunna Ansarai, Bablu Mian, Lal Babu Ansari and Harun Ansari have been granted bail by this Court in Cr. Misc. No. 2134 of 2017 and Cr. Misc. No. 5469 of 2017.

Patna High Court Cr.Misc. No.6513 of 2017 (2) dt.10-02-2017

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 learned Chief Judicial Magistrate, Motihari in connection with Sugauli P.S. Case No. 218 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T