Badsah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59139 of 2018 Arising Out of PS.Case No. -318 Year- 2011 Thana -JAMUI District- JAMUI ====================================================== Badsah Khan, Son of Anish Khan @ Md. Anisur Rahman, resident of Village- Manjhway, P.S. & District- Jamui.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2018 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Jamui P.S. Case No. 318 of 2011 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Petitioner and other accused are said to have assaulted the informant and other but submission on behalf of the petitioner is that injured of the present case have received simple injury and moreover, the police after investigation submitted charge sheet for the offences punishable under Sections 147, 149,

Patna High Court Cr.Misc. No.59139 of 2018 (2) dt.28-09-2018 2/2 323, 504 of the Indian Penal Code but learned court below took cognizance for the offences punishable under Section 307 and other minor sections of the Indian Penal Code. Considering the aforesaid facts and circumstances 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 four 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 Chief Judicial Magistrate, Jamui in Jamui P.S. Case No. 318 of 2011 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T