Akbal Mian @ Iqbal Mian @ Akwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34808 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -GURUA District- GAYA ======================================================

1. Akbal Mian @ Iqbal Mian @ Akwal Son of Salauddin, Resident of village- Bela, P.S.- Gurua, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Archana Sinha @ Archana Shahi For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 504, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that petitioner and others assaulted with iron rod on the hand and right elbow of the informant, abused by calling caste name and took out Rs. 700/- from the pocket of the informant.

It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled and no injury was caused to the informant. A statement to that effect has been made in para 10 of the petition.

Patna High Court Cr.Misc. No.34808 of 2015 (2) dt.18-08-2015 2/2 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 89 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let learned Court below verify the fact with regard to the injuries caused to the informant. If no injury is being found to have been caused to the informant then the provisional anticipatory bail of the petitioner will be confirmed by learned Court below, otherwise the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Shageer/- U T