Abdul Bari @ Sufed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63643 of 2017 Arising Out of PS.Case No. -326 Year- 2017 Thana -RANIGANJ District- ARRARIA ====================================================== Abdul Bari @ Sufed, Son of Md. Kalimuddin, Resident of VillageRampur, P.S.- Raniganj, District- Ararai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

10-01-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Raniganj P.S. Case No. 326/2017 registered for the offence punishable under Sections 341, 323, 324, 307, 385, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a teacher in a government middle school. He is a co-villager of the informant and both the parties are on inimical terms.

Learned counsel further submits that although in the F.I.R. there is an allegation that this petitioner had

Patna High Court Cr.Misc. No.63643 of 2017 (2) dt.10-01-2018 given a Farsa blow on the upper part of the mouth of the informant, however, there is no allegation of repetition of blow. The injury report, which is available on the record as Annexure-2, shows lacerated upper lip and clear cut injury in the middle part of the lip. The stitch is not given and patient was referred to a Dental Surgeon for X-ray for upper and lower lip treatment and management. Learned counsel submits that he is in custody since 24.10.2017. On the other hand, learned counsel for the informant submits that the injury is in the nature of a grievous injury and the petitioner has caused the same by giving a Farsa blow, therefore he should not be allowed the privilege of bail.

It is also pointed out that the petitioner is an accused in one case though he is said to be on bail in the said case as those are bailable offences.

Considering the facts and circumstances of the case, the petitioner is said to be a teacher in a government middle school, there are prior disputes between the parties and the alleged injury is on the lip, I am inclined to grant regular bail to the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.63643 of 2017 (2) dt.10-01-2018 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No. 326/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure and further condition that petitioner will cooperate in course of trial and two regular non-appearance in course of trial would invite cancellation of the bail bond of the petitioner.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T