Patna High CourtCR. MISC./4290/2019allowed

Md. Quiyum @ Quiyum v. The State Of Bihar

2019-01-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4290 of 2019 Arising Out of PS. Case No.-48 Year-2017 Thana- ARARIA District- Araria ====================================================== Md. Quiyum @ Quiyum S/o Late Mahgu Resident of Village- Bangama, P.S. and District - Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Araria P.S. Case No. 48 of 2017 for the offence under Sections 341, 323, 324, 379, 307, 504 and 506/34 of the Indian Penal Code.

There is allegation against the petitioner of having assaulted the informant with dabia (billhook). Learned counsel for the petitioner submits that the land dispute is the reason behind the occurrence and that the petitioner has no criminal antecedent. Injury on the informant has been found to be simple in nature.

Considering the genesis of occurrence and nature of accusation, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below,

Patna High Court Cr.Misc. No.4290 of 2019(2) dt.28-01-2019 2/2 be released 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 C.J.M., Araria in Araria P.S. Case No. 48 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T