Badrul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5345 of 2019 Arising Out of PS. Case No.-242 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== Badrul Hoda, son of Late Nurul Hoda, Resident of Village- Akbarpur, Benk, Police Station- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Ajay Kumar For the Informant :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-01-2019 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Biraul Police Station Case No. 242 of 2018, disclosing offences under Sections 448, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

Learned Counsel for the parties admit that there is land dispute between them. There is allegation against the petitioner that on his instigation, co-accused, Rajiya Khatoon and Tabrej Alam, assaulted the informant and informant's father. Further, there is allegation against co-accused Taberj Alam of having assaulted the informant with a farsa (billhook).

Patna High Court Cr.Misc. No.5345 of 2019(2) dt.31-01-2019 2/2 Learned Counsel for the petitioner submits that the said injury is found to be simple in nature, which is not being disputed by learned Counsel appearing on behalf of the informant.

Considering the nature of accusation against the petitioner, this application is allowed.

Let the petitioner, Badrul Hoda, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, Darbhanga, in connection with Biraul Police Station Case No. 242 of 2018, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √