Md. Tammana @ Tammana @ Md. Tamnna @ Tamnna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42028 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -BANGAON District- SAHARSA ====================================================== Md. Tammana @ Tammana @ Md. Tamnna @ Tamnna S/o Late Md. Jubar Ahmad Resident of Village - Bariyahi Bazar, P.S. - Bangaon, District - Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with BangaonP.S. Case No. 53 of 2017 for offences punishable under Sections 341, 324, 307, 379, 504, 506/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he saw petitioner and co-accused Amrohi making construction on his share of land on objection co-accused Amrohi gave him Farsa blow which hit him on his head and petitioner gave him Bhujali blow which hit him on his shoulder. Thereafter

Patna High Court Cr.Misc. No.42028 of 2017 (2) dt.15-09-2017 2/3 accused Amrohi took out money from his pocket and wife of Amrohi also took out his gold chain.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, has been falsely implicated and there was a property dispute between the parties and that the injury on further examination has been found to be simple in nature caused by hard blunt substance. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and is in judicial custody since 17.06.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Additional Chief Judicial Magistrate-1st Saharsa in connection with Bangaon P.S. Case No. 53 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of

Patna High Court Cr.Misc. No.42028 of 2017 (2) dt.15-09-2017 3/3 the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T