Md. Usman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40128 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Md. Usman, S/o Md. Ismail, Resident of Village- Madhopatti, Khagurwara, P.S.- Kamtaul, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Anju Jha Mr. Bhvendra Jha For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 07.02.2018 in connection with Kamtaul P.S. Case No. 21 of 2018 registered for the offences punishable under Sections 341/323/324/307/ 306/506/504/448 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the allegation is that the petitioner had attacked with knife and the injuries are said to have been repeated, only one injury has been found on the person. It is further submitted that the petitioner and the informant's side are close relatives and

Patna High Court Cr.Misc. No.40128 of 2018 (3) dt.24-07-2018 2/3 dispute arose on account of cutting of trees in the mosque. The petitioner has got a clean antecedent.

Considering the aforementioned facts and circumstances and that the dispute arose only for cutting the trees and the petitioners are closely related, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Kamtaul P.S. Case No. 21 of 2018, subject to the following conditions:-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) 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

Patna High Court Cr.Misc. No.40128 of 2018 (3) dt.24-07-2018 3/3 shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T