Patna High CourtCR. MISC./3562/2017bail granted

Md. Zubair v. The State Of Bihar

2017-02-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3562 of 2017 Arising Out of PS.Case No. -321 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Md. Zubair Son of Md. Sabbir Resident of Village- Daulatpur Simari, Police Station- Bihta, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Sri Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in Bihta P.S. Case No.321 of 2016 instituted for the offence under Sections 341, 323, 324, 448, 504, 307, 354, 506 and 509/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that, on the alleged date of occurrence, the petitioner and other accused persons came to the house of the informant and assaulted the informant, his brother and his mother with lathi and danda. The Sessions Judge has mentioned in the impugned order about the injury found on the injured namely Md. Shakir, Md.Zabir and Md. Nazir.

Patna High Court Cr.Misc. No.3562 of 2017 (2) dt.09-02-2017 Learned counsel for the petitioner has also enclosed the injury report of the injured, as Annexure- 2 series, namely Sahjadi Khatoon, wife of Md. Jafir, Md. Nazir, Md.Zafir, Md. Jakir and Md. Zabir from which it appears that all the injured have sustained simple injury. All the injuries have been caused by hard and blunt substance.

From the written report itself it appears that there is no repetition of blow by any accused persons. Therefore, prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bihta P.S. Case No.321 of 2016, he shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Arvind/- U T