Md. Shahid @ Md. Sahid Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3427 of 2020 Arising Out of PS. Case No.-324 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Shahid @ Md. Sahid Miya Son of Md. Tahir Resident of Village - Naharniya, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Sah, Advocate, For the Opposite Party/s :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Laheriasaria (Benta O.P.) P.S. Case No. 324 of 2019 registered for the offences punishable under Sections 341, 323, 324, 326, 307, 504, 506 and 34 of the Indian Penal Code. Prosecution case in brief is that on 22.08.2019 at about 12.15 p.m. the informant Navin Kumar Thakur and his brother Anil Kumar Thakur were sitting in their Medicine shop and in the meantime his brother Anil Kumar Thakur went towards Saroj Pharma shop for purchasing medicine and while he was returning co-accused Prful Kumar Jha started abusing his brother and when he protested co-accused Praful Kumar Jha and attacked on him with knife and gave repeated blow on his
Patna High Court CR. MISC. No.3427 of 2020(2) dt.29-02-2020 2/3 stomach, hand and thigh.
It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. It is further submitted that the specific allegation of assault is against co-accused. It is further submitted that similarly situated person has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 75611 of 2019 vide order dated 02.12.2019. Petitioner is having no criminal antecedent.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest or surrender before the court below within a period of six weeks from today, let the above named petitioner be enlarge on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasaria (Benta O.P.) P.S. Case No. 324 of 2019 on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.3427 of 2020(2) dt.29-02-2020 3/3
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J) mdrashid/- U T