Patna High CourtCR. MISC./60490/2018bail granted

Firoz Mian v. The State Of Bihar

2018-10-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.60490 of 2018 (2) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60490 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -BARGAINIA District- SITAMARHI ======================================================

1. Firoz Mian S/o Ammanullah Mian, R/o Vill.- Baheri, Ward No. 2, P.S.- Bairgania, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.10.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Bairgania P. S. case no. 120/2018 registered under sections 324, 326, 379 and other allied sections of the IPC. In written report of the informant, general and omnibus allegation of assault has been levelled against the petitioner and five others. However, the impugned order goes to show that in course of investigation, it came to light that it was the petitioner who gave lathi blow on the head of the informant.

Learned counsel for the petitioner drew my attention towards annexure 3 and submitted that only one

Patna High Court Cr.Misc. No.60490 of 2018 (2) dt.08-10-2018 injury was found on the person of the informant and that is too, simple in nature caused by hard and blunt substance and moreover, there is counter case also.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Bairgania P. S. case no. 120/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T