Md. Tabarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10722 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MD. TABARAK Son of Md. Ali Hassan Resident of Village - Bhelu Chak, P.S.- Sadar, 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.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Sadar Police Station Case No. 402 of 2019, disclosing offences under Sections 441/323/307/379/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with others, surrounded the informant and the petitioner assaulted the informant by means of sword on his head.

Learned Counsel for the petitioner submits that both the parties are co-sharers and the petitioner is the own nephew of the informant. He further submits that there is case and

Patna High Court CR. MISC. No.10722 of 2020(4) dt.01-07-2020 2/2 counter case inasmuch as Sadar Police Station Case No. 403 of 2019 has been lodged by the petitioner against the informant and others. He, referring to the impugned order, submits that the injury caused to the informant has been found to be simple in nature.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related and the injury sustained by the informant has been found to be simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released 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 Chief Judicial Magistrate, Darbhanga, in connection with Sadar Police Station Case No. 402 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √