Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44626 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Md. Danish son of Md. Seraj Resident of Village- Bhatbigha, P.S.- Sirdala, Dist- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Sirdala P.S. Case No. 23 of 2016, disclosing offences under Sections 323, 326, 307, 379, 506, 504, 149 and 120B of the Indian Penal Code.

A complaint petition filed by the informant, is the basis for registration of First Information Report.

Learned counsel for the petitioner has submitted that for the occurrence alleged to have taken place on 04.10.2015, the complaint petition was filed on 06.01.2016. He has further submitted the police on completion of investigation did not find the allegation of commission of offence under Section 307 and 379 of the Indian Penal Code to be true. Learned counsel has

Patna High Court Cr.Misc. No.44626 of 2016 (2) dt.28-10-2016 2/2 further submitted that if the petitioner is granted the privilege of anticipatory bail, there is no likelihood that the petitioner shall flee away and he will be available as and when required by the Court/Police.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned 5th Additional Chief Judicial Magistrate, Nawada, in connection with Sirdala P.S. Case No. 23 of 2016, 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) sunil/-c U T