Fajle @ Fajle Mansur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20711 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Fajle @ Fajle Mansur, Son of Ahamand Mansur Resident of Village - Ganuan, P.S.- Ghanshyampur, Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-11-2020 Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor Incharge appearing for the State through video conferencing. The office has reported that father's name of the petitioner is different in F.I.R. as well as in impugned order. However, the perusal of written report as well as formal F.I.R., I find that the father's name of the petitioner has been given as Samsuddin, but the perusal of impugned order goes to show that the learned Sessions Judge has committed error on the record by mentioning the father's name of the petitioner as Nijamuddin. Therefore, in view of the aforesaid facts, the defects, as pointed out by

Patna High Court CR. MISC. No.20711 of 2020(2) dt.04-11-2020 2/3 the office, be ignored.

The petitioner apprehends his arrest in connection with Ghanshyampur P. S. Case No.118 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 448, 380 of the I.P.C. Petitioner is said to have given one farsa blow on the head of injured Irshad Alam.

Learned counsel for the petitioner submits that there is case and counter-case between the parties and, moreover, the injured Irshad Alam has sustained simple injury, which is evident from perusal of impugned order and, furthermore, the petitioner has also pleaded the above stated fact at Para-7 of the petition.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-

Patna High Court CR. MISC. No.20711 of 2020(2) dt.04-11-2020 3/3 divisional Judicial Magistrate, Biraul, Darbhanga in connection with Ghanshyampur P. S. Case No.118 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T