IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7727 of 2010 JAMIL, Son of Mojibur Rahman, Resident of village Bairgachhi, P.S. Baisi, District – Purnia ……. Petitioner Versus STATE OF BIHAR …. Opposite Party ----------- For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the State : Mr. Harendra Prasad, A.P.P. For the informant : Mr. Wasi Ahmad Khan, Advocate ---- 4 19.05.2010 Heard learned counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case registered for offences punishable under Sections 147, 148, 149, 302 and 380 of the Indian Penal Code. Petitioner’s prayer for bail had earlier been rejected vide order dated 24.11.2009 passed in Cr. Misc. no. 36415 of 2009 at that stage. It is submitted that now charges have been framed on 22.3.2010. According to the first information report date of occurrence is 17.4.2007. Ten days thereafter, when the injured died, a U.D. case was lodged and explanation was given that the injured was being treated at various nursing homes. Subsequently, a complaint case was lodged on 22.5.2007 making the allegations - 2 - against the petitioner and others of assaulting the deceased. It is alleged that the petitioner gave a lathi blow upon the head of the injured. Learned counsel appearing for the petitioner submits that in the U.D. case the name of the assailants had not been disclosed and during the course of investigation different persons have given different version with regard to assault upon the deceased. It is also contended that there was no repetition of blow and the injured died ten days after the occurrence after being treated at various places. Petitioner is stated to be in custody since 11.8.2009. Learned counsel for the informant submitted that U.D. case was lodged after delay for the reason that the injured was being treated at various places. However, when the police did not make proper investigation a complaint case was lodged. The allegation is against all the persons is of assaulting the deceased. However, allegation upon the petitioner is that he has given a blow upon the head. In the facts and the circumstances of the case, the petitioner, JAMIL, is directed to be released on bail - 3 - on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 3rd Addl. Sessions Judge, Purnea in connection with S.Tr. No. 360 of 2010 arising out of Baisee P.S. Case No. 78 of 2007. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)