Patna High CourtCR. MISC./11817/2016bail granted

Abdul Rashid @ Md. Rashid v. The State Of Bihar

2016-03-17Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11817 of 2016 (2) dt.17-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11817 of 2016 Arising Out of PS.Case No. -229 Year- 2015 Thana -BIRPUR District- SUPAUL ======================================================

1. Abdul Rashid @ Md. Rashid son of Late Salamat Miayn, resident of village- Mohanpur, P.S.- Birpur, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 17.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 307 and other allied sections of the Indian Penal Code. Altogether, 21 persons including the petitioner are named in the first information report with accusation that they assaulted the informant's husband. The specific allegation against the petitioner is that he assaulted by iron rod causing injury on the head and eye of the informant's husband as a result whereof blood was oozing out from the mouth of informant's husband. Furthermore, informant claims that it was co-accused Md Isriel who pierced iron rod into right eye of the injured.

Annexure 3 to the petition shows that two injuries were found on the person of the informant's husband. One injury was found on right upper lid whereas second injury was found over lower eye lid.

Patna High Court Cr.Misc. No.11817 of 2016 (2) dt.17-03-2016 The injury on right upper lid was found grievous in nature as doctor reported that injured had lost his vision. The prosecution case, itself, reflects that injury on right eye was caused by co-accused Md. Isriel. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Birpur (Supaul) in Birpur P.S. Case no. 229/2015. shahid (Hemant Kumar Srivastava,J) U T