Md. Tabish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23215 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== MD. TABISH KHAN SON OF KHURSHID ALAM R/O MOHALLABAHUARCHAURA, NEAR RAM SAPAR TALAB, P.S.- CIVIL LINES, DISTRICT- GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Advocate Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard learned senior counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Raushanganj P.S. Case no. 173 of 2020 registered for the offence punishable under sections 393, 324 and 307/34 of the Indian Penal Code. Learned senior counsel for the petitioner submits that petitioner is in jail custody since 20.11.2020 and is person with clean antecedent and charge sheet has been submitted in this case and this is his first offence. Learned senior counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges with respect to this petitioner that he was friend of one Md. Yusuf who was accompanying the informant and the petitioner tried to snatch money from the informant but on protest by the informant, this petitioner

Patna High Court CR. MISC. No.23215 of 2021(4) dt.25-11-2021 2/2 stabbed him on his neck with a view to kill him. He next submits that from perusal of the allegation as alleged in the FIR, it would manifest that the main intention of the petitioner was to snatch or loot money from the informant but since the informant and others protested and in order to evade arrest, petitioner committed the occurrence. Blow was not repeated.

Learned APP submitted that though blow was not repeated but injury is said to be grievous.

Considering the facts that petitioner is in jail custody since 20.11.2020 and charge sheet has been submitted and is person with clean antecedent, the petitioner is directed to 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 the learned Judicial Magistrate Ist Class, Gaya in Raushanganj P.S. Case no. 173 of 2020 with condition that one of the bailers would be his father and in the event, trial commences petitioner fails to appear on two consecutive dates, the learned court below shall proceed to cancel his bail bond.

(Satyavrat Verma, J) s.hassan/- U T