Md. Shabaz @ Md. Sahbaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77692 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== MD. SHABAZ @ MD. SABBAZ S/o Md. Salim, R/o Vill.- Momin Tola , Gudri Bazar , Nath Nagar, P.S.- Nath Nagar, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Session Trial No. 692 of 2018 arising out of Nathnagar P.S. Case No.161 of 2018 registered for the offence punishable under Sections 341, 326, 307, 504, 506 and 120(B) of the Indian Penal Code.

Informant has alleged that while he was working in Nathnagar market FIR named accused Md. Sonu and Petitioner Md. Shabaz asked him to accompany them to witness a match but when he went there, there was no match being played and thereafter accused Md. Sonu inflicted a knife blow in his back and allegation against petitioner Md. Shabaz is that he has lifted a big stone to hit him but subsequently on his assurance that he will not institute any case, he did not make any assault upon him.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.77692 of 2018(2) dt.02-01-2019 2/2 he is innocent and has falsely been implicated in this case. He has got no criminal antecedent and he is in custody since 13.08.2018 and as per order of Session judge only one sharp cutting injury which is attributable to Md. Sonu has been found on the person of informant.

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 7th Additional Sessions Judge, Bhagalpur in connection with S. Tr. No. 692 of 2018 arising out of Nathnagar P.S. Case No. 161 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