Md. Shamim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5181 of 2019 Arising Out of PS. Case No.-279 Year-2015 Thana- BHAGWANPUR District- Vaishali ====================================================== MD. SHAMIM, aged about 35 years(Male), son of Md. Shamsudin, Resident of Village- Bihari, P.S. Bhagwanpur, District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvan Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.
The petitioner apprehends his arrest in Bhagwanpur P.S. Case No.279 of 2015 registered under Sections 308, 323 and other Sections of the Indian Penal Code.
The informant named five persons including the petitioner and alleged that some dispute arose on account of cutting of banana trees and on such, all the five accused assaulted the informant and others with stick. No specific allegation of assault is made against the petitioner. It is submitted that Md. Mokin, Md. Vakil and Md. Shakil, three accused persons have already been granted anticipatory bail vide order dated 14.08.2018 passed in Cr. Misc. No.47103 of 2018.
Considering the aforesaid facts and the fact that
Patna High Court Cr.Misc. No.5181 of 2019(2) dt.30-01-2019 2/2 similarly situated co-accused have already been granted anticipatory bail and no specific allegation of assault is made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Bhagwanpur P.S. Case No.279 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T