Mustakim Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8059 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -BHAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mustakim Mian, son of Late Molvi Mian, resident of Village- Kotwa, P.S.- Bhangaha, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bhangaha P.S.Case No. 36 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that no allegation of assault is against the petitioner and he is in custody for three months and further similarly situated co-accused persons have been granted bail by this Court in Cr.Misc.No. 54556 of 2016 vide order dated 27.1.2017 and the case of the petitioner stands on better footing.

Heard learned APP also.

Having heard both sides and considering the fact that there is no allegation of assault against the petitioner and other co-

Patna High Court Cr.Misc. No.8059 of 2017 (2) dt.27-02-2017 2/2 accused having been granted bail, 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, West Champaran, Bettiah, in connection with Bhangaha P.S.Case No. 36 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