Mirza Najis Baig v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72572 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- JALE District- Darbhanga ====================================================== Mirza Najis Baig Son of Mirza Babar Baig @ Babar baig Resident of Village - Garri, P.S.- Jalley, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Jalley P.S. Case No. 76 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 448, 354(B) of the Indian Penal Code.

Petitioner is alleged to have caught hold the husband of informant and pulled him down on the ground, thereafter other co-accused assaulted on his neck with dagger. It is further alleged that petitioner and other co-accused assaulted Sadik Baig with dagger.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. There is no specific allegation of assault against this

Patna High Court CR. MISC. No.72572 of 2019(2) dt.25-11-2019 2/2 petitioner. There is case and counter case. Moreover, other coaccused have been granted anticipatory bail by a Coordinate Bench of this court vide order dated 19.11.2019 passed in Cr. Misc. No. 73273 of 2019. Petitioner is in custody since 21.09.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Darbhanga in connection with Jalley P.S. Case No. 76 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T