Allauddin Anshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4060 of 2020 Arising Out of PS. Case No.-1 Year-2018 Thana- ISUAPUR District- Saran ====================================================== Allauddin Anshari aged about 58 years (Old) (Male) Son of Late Ayub Miyan Resident of Village - Darwa, P.S.- Ishuapur, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudama Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

24-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Ishuapur P.S. Case No. 01 of 2018 registered for the offence under Sections 341, 323, 307, 447, 504 of the Indian Penal Code.

In the F.I.R., the informant has alleged against the petitioner that in the night of 30-12-2017, when her husband was sleeping in the house, the petitioner came and started abusing him and when her husband protested, this petitioner gave knife blow on the abdomen of her husband. It is submitted on behalf of petitioner that petitioner has committed no offence and he is full brother of the husband of the informant, but due to land dispute in between the parties, there happened some hot talk and scuffle had taken place. It is further submitted that on perusal of injury report, it appears that there is no sign of grievousness in the injury caused to husband of the informant. It is also submitted that alleged occurrence has

Patna High Court CR. MISC. No.4060 of 2020(2) dt.24-01-2020 2/2 taken place on 30-12-2017, but F.I.R. has been lodged on 02-01-2018. In this case, chargesheet has already been submitted and there is no allegation against the petitioner of tampering with the evidence and petitioner is in custody since 03-09-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chapra (Saran) in connection with Ishuapur P.S. Case No. 01 of 2018 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.

(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.) anay U T