This is a bail order where the Patna High Court enlarged the petitioner on regular bail in connection with an offence under Sections 147, 148, 149, 307 and others of the IPC, subject to bond and attendance conditions.
Regular bail was granted by furnishing a bond of Rs. 10,000/- with two sureties and attending the police station on Mondays.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57464 of 2019
Arising Out of PS. Case No.-53 Year-2017 Thana- JOGBANI District- Araria
======================================================
MD. NIJAM @ NAJAM Son of Sarfuddin @ Safruddin Resident of Village - Dipol Ward No. 10, P.S.- Jogbani (Bathnaha), District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Abhay Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
4 06-12-2019
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Jogbani (Bathnaha) P.S. Case No. 53 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 342, 324, 325, 307, 427 and 504 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioner herein having assaulted the informant and a co-villager, namely, Md. Gaffar.
The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case, however since he is said to have caused injury to the informant on his palm and finger with iron-rod which is
Patna High Court CR. MISC. No.57464 of 2019(4) dt.06-12-2019 2/2
found to be grievous, he is ready to abide by whatsoever conditions as may be deemed fit and proper to be imposed by this Court. It is further submitted that the petitioner is languishing in custody since 25.6.2019.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 53 of 2017.
It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:30 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of regular bail shall stand cancelled automatically.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
1 issue framed by the court
Whether the petitioner be enlarged on regular bail.
MD. NIJAM @ NAJAM
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
