Md. Ashfaque v. The State Of Bihar

Patna High Court Cr.Misc. No.6452 of 2018 (2) dt.06-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6452 of 2018 Arising Out of PS.Case No. -153 Year- 2017 Thana -KASBA District- PURNIA ====================================================== Md. Ashfaque son of Late Md. Obaidur Rahman @ Abdul Rashid, R/o Geruaghat, P.S. Kasba, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Dr. Bidhu Ranjan, Advocate. For the informant : Mr. Vivekanand Singh, Advocate. For the State : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.10.2017 in connection with Kasba P.S. Case No. 153 of 2017 for the offences alleged under Sections 147, 341, 323, 325, 307, 379 and 427 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated. The accusations of assault on the informant and his brother are general and omnibus against the petitioner and other co-accused persons. Similarly situated co-accused Md. Ajmal has bee granted bail by this Court in Cr. Misc. No. 5093 of 2018. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appearing suo motu and opposes the bail petition.

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

Patna High Court Cr.Misc. No.6452 of 2018 (2) dt.06-02-2018 connection with Kasba P.S. Case No. 153 of 2017, 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/- U T