Md. Maroof @ Md. Maroof Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63078 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- AKBARNAGAR District- Bhagalpur ====================================================== MD. MAROOF @ MD. MAROOF ALAM Son of Wasimuddin @ Vasim Ansari R/V- English Chichoan, P.S- Akbarnagar, Distt- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr.Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2022 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and the learned APP who represents the State. The case is registered under sections 341, 323, 448, 147, 149, 307, 384, 385, 506, 325 of the Indian Penal Code, in connection with Akbarnagar P.S. Case No.34 of 2021. As per the FIR, it has been alleged that when the informant was taking care of the wheat and musta crops planted in his field, the accused persons including the petitioner herein who all are brothers came to his field and asked that despite being threatened to pay Rs.2,00,000/-(two lacs) or face consequences, how he had the audacity to enter in the field. Thereafter, it is alleged that they indiscriminately assaulted Md. Firdos Ansari. So far as this petitioner is concerned, it has been
Patna High Court CR. MISC. No.63078 of 2022(2) dt.23-11-2022 2/3 alleged in the FIR that he repeatedly gave blows on the hand of the injured person which was found to be grievous. Learned Senior Counsel submits that the petitioner is in custody since 8.9.2021 and there is no likelihood of the completion of the trial. He further submits that the petitioner is ready to abide by any terms and conditions, if released on bail. Considering the period of custody as also the fact that the trial is still going on, this Court is inclined to grant him the privilege of bail with certain conditions as he has criminal antecedent.
Let the petitioner 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 Additional Chief Judicial Magistrate-1st, Bhagalpur, in connection with Akbarnagar P.S. Case No.34 of 2021 with the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her
Patna High Court CR. MISC. No.63078 of 2022(2) dt.23-11-2022 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/Ajay U T