Md. Jahir v. The State Of Bihar

Patna High Court Cr.Misc. No.25380 of 2018 (2) dt.15-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25380 of 2018 Arising Out of PS.Case No. -81 Year- 2018 Thana -GOGRI District- KHAGARIA ====================================================== Md. Jahir S/o Md. Jalil, R/o Vill.- Muskipur, Bhuria Tari, Road No. 14, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Bhushan, Adv For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.03.2018 in connection with Gogri P.S. Case No. 81 of 2018 (GR No. 600/2018) for the alleged offences under Sections 341, 323, 324, 448, 354(B), 379, 307, 504, 506/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event the injury report of the informant belies the accusation of assault by sharp weapon as injury of lacerated wound has been caused by hard blunt substance and is simple in nature. Injuries of other persons are also simple in nature. It is further submitted that there is no injury report of Md. Jamal to substantiate the assault on him. Injury report of Md. Kamal discloses that the injuries are simple in nature. In any case the accusation of assault is general and omnibus upon the petitioner and co-accused Md. Jamir. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.25380 of 2018 (2) dt.15-05-2018 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 81 of 2018 (GR No. 600/2018) on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T