Md. Mustaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82591 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Mustaque Son of Late Md. Sakoor Resident of Village - Nanpur, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr.Madhavendra Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends his arrest in Nanpur P.S. Case No. 172 of 2019, registered for the offences punishable under Sections 147, 341, 323, 325, 379, 307 and 447 of the Indian Penal Code.
Petitioner is alleged to have given sword blow on the head of informant's father.
It is submitted by learned counsel appearing on behalf of petitioner that there is case and counter. Both side sustained injuries. Both parties are Gotia. Injury sustained is found to be simple in nature caused by hard and blunt substance. Other co-accused have been granted anticipatory bail by a coordinate bench of this court vide order dated 05.11.2019 passed in Cr. Misc. No. 66464 of 2019. Petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.82591 of 2019(2) dt.12-12-2019 2/2 Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case No. 172 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further 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