Mohammad Asalam @ Md. Aslam Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14989 of 2018 Arising Out of PS.Case No. -843 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Mohammad Asalam @ Md. Aslam Ali S/o Taiyab Hussain, R/o Village + Post Neori, P.S.- Barouli, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nishi Nath Ojha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with C.Case No.843 of 2016 Trial No.317 of 2017 , registered for offences punishable under Sections 448, 323, 354 and 379 of the Indian Penal Code.

Allegation against the petitioner is of assault and misbehaving .

Submission of the learned counsel for the petitioner is that earlier a case had been lodged by the petitioner and thereafter the present case has been lodged with respect to passing of water of the drainage and no injury report is available on the record. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.14989 of 2018 (5) dt.18-05-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released 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. XII, Gopalganj in connection with C. Case No.843 of 16-Trial No.317 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U