Md. Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2733 of 2017 Arising Out of PS.Case No. -264 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Md. Rahman, S/o Bachchu Mian, R/o Village- Rampur, P.S.- Chhatapur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Kumar Mehta For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 264 of 2016, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

It is submitted on behalf of petitioner that there is case and counter case, both sides have received injuries, injuries received on behalf of injured in this case are simple caused by hard and blunt substance and allegation under Section 379 is super addition, no offence under Section 307 of I.P.C. is made out, the occurrence has taken place due to petty dispute, in the case diary the witnesses vide paras 7, 8 & 9 of the case diary have stated similarly and, as such, the petitioner deserves sympathetic

Patna High Court Cr.Misc. No.2733 of 2017 (3) dt.18-03-2017 2/2 consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 A.C.J.M.-II, Supaul, in connection with Chhatapur P.S. Case No. 264 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T