Md. Majhar @ Buchul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.328 of 2020 Arising Out of PS. Case No.-228 Year-2019 Thana- MANSI District- Khagaria ====================================================== Md. Majhar @ Buchul, Son of Suleman Resident of Village - Khirnia, P.S.- Mansi, Distt - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Mansi P.S. Case No. 228 of 2019, registered for the offence punishable under Sections 341, 323, 427, 504, 506 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation has been made that the petitioner has resorted firing in air but did not cause any injury to any person. The motive of the occurrence has been shown that the petitioner is cattle trader and he free the cattle to damage the crop. When it was complained by the informant in the morning, the accused was not at house and his family members were

Patna High Court CR. MISC. No.328 of 2020(2) dt.25-02-2020 2/3 requested to control their cattle and then accused committed occurrence.

Counsel for the petitioner submits that he has not committed any wrong as the police has not recovered any pillet from the alleged place of occurrence nor any person has received any injury.

Looking to entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 228 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

That apart, in view of the nature of allegation, the petitioner would be required to appear before the nearest police station within fifteen days of his release with a copy of this order and first week of every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Officer-in-charge of the police

Patna High Court CR. MISC. No.328 of 2020(2) dt.25-02-2020 3/3 station concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the nearest police station, a certificate will be filed by the petitioner before the court concerned which should be granted by the Officer-in-charge of the Police Station concerned upon his appearance.

(Shivaji Pandey, J) V.K.Pandey/- U T