Siraj Mian @ Saraj Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75012 of 2018 Arising Out of PS. Case No.-373 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Siraj Mian @ Saraj Mian Son of Amir Mian Resident of Village Kharhui, P.S. Khaira, District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Khaira P.S. Case No. 373 of 2018 registered for the offence punishable under Sections 324, 326, 307 and 504/34 of the Indian Penal Code and under Section 3/4 of the Explosive Substance Act.

Informant has alleged that on 22.09.2018 at about 7 O'clock when he was auditing their expenses on celebration of Muhharam along with other, Sarfuddin Mian raised objection and said that he will not contribute his part and went towards his house, and thereafter he along with FIR named accused having bomb in their hand came and threw upon informant and other persons.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.75012 of 2018(3) dt.20-12-2018 2/2 Injury report has been Annexed as Annexure-2 to this petition from which it appears that the injuries are simple in nature. Petitioner is in custody since 24.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 373 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T