Md. Wasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20440 of 2016 Arising Out of PS.Case No. -234 Year- 2013 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Wasi S/o Late Ilyas Resident of village Chakardaha, P.S. Narpatganj District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Narpatganj Police Station Case No. 234 of 2013, disclosing offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

From the First Information Report, it appears that the occurrence took place because of petty dispute between the parties. There is allegation of assault against various persons. It is alleged against the petitioner that he hit the informant with the butt of musket on his waist. Learned Counsel appearing on behalf of the petitioner has submitted that no injury has been found on the waist of the informant. It has further been submitted

Patna High Court Cr.Misc. No.20440 of 2016 (2) dt.20-05-2016 2/2 that for an occurrence, which is said to have taken place on 28.07.2013, First Information Report has been lodged on 12.08.2013, which casts serious doubt over the veracity of the case of the prosecution.

Considering the submission, as above, this application is allowed.

Let the petitioner, Md. Wasi, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj Police Station Case No. 234 of 2013, 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.) Prabhakar Anand/- U √ T √