Md. Rais v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33069 of 2017 Arising Out of PS.Case No. -230 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Rais Son of Azimuddin, Resident of Village- Rajwa Kol, P.S. Mahalgaon, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jokihat (Mahalgaon) P.S.Case No.230 of 2016 registered for offences punishable under Sections 341, 323, 324, 325, 379, 504, 307 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of stabbing on the head of the injured, causing injury to him.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted one and the injury is simple in nature. It is further submitted that though opinion is served but the I.O. has himself written later on in the case diary that injured has not produced C.T. scan. The petitioner is in custody for about 5 1⁄2 months.

Patna High Court Cr.Misc. No.33069 of 2017 (4) dt.09-10-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that the injury is simple in nature and the petitioner has remained in custody for about 5 1⁄2 months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-II, Araria in connection with Jokihat (Mahalgaon) P.S.Case No.230 of 2016, (G.R.No.2293 of 2016). With 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) The petitioner shall co-operate 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T