Patna High CourtCR. MISC./3205/2018bail granted

Md. Nisaruddin @ Nisaruddin v. The State Of Bihar

2018-01-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 3205 of 2018 Arising Out of PS.Case No. -111 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ====================================================== MD NISARUDDIN @ NISARUDDIN S/o Md Muso @ Md Hasim, R/o Village- Puraini, Ward No-9, P.S.- Shrinagar, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Shekhar Kumar Singh, Advocate For the S t a t e : Mr Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 447, 147, 148, 149, 341, 323, 324, 307 of Indian Penal Code and Section 27 of Arms Act.

The petitioner, who has clean antecedent, submits that even if the allegations are taken to be true, the assault are attributed to other co-accused Muso Mian, Md Mujak, Mustakin @ Chhutahru and Md Sagir @ Chikna and there is no allegation of assault upon the petitioner. At best, he is a member of the unlawful assembly wherein, on the occasion of Muharram, some scuffle took place. He is in custody in this case since 17.11.2017. Considering the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above

Patna High Court Cr.Misc. No.3205 of 2018 (2) dt.18-01-2018 2/2 named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Madhepura in Srinagar Police Station Case No 111 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T