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Patna High CourtCR. MISC./62121/2017bail granted

Md. Qurban @ Qurban Ali v. The State Of Bihar

2018-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62121 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -RAUTA District- PURNIA ======================================================

1. Md. Qurban @ Qurban Ali S/o Late Jamaluddin , R/o Village- Harna, P.S.- Amour, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.

The petitioner seeks regular bail in connection with Rauta P.S.CaseNo.21 of 2017 registered for offences punishable under Sections 147, 148, 323, 307, 452, 436, 379, 504, 506 and 302 of the Indian Penal Code.

Allegation as per FIR against the petitioner and 13 other accused persons is of assaulting the deceased causing his death and also taking away one vehicle.

Submission of the learned counsel for the petitioner is that though allegation is against 14 other accused persons and 40 other persons have also been made accused in this case. There are only two injuries on the person of the deceased and the petitioner is in custody for about six months.

Patna High Court Cr.Misc. No.62121 of 2017 (3) dt.11-01-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of allegation, which are general and omnibus in nature, 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 the learned A.C.J.M. IInd, Purnea in connection with Rauta P.S.Case No.21 of 2017 dated 24.3.2017. 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