Md. Aslam @ Aslam v. The State Of Bihar

Patna High Court Cr.Misc. No.15508 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15508 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -DAGARUA District- PURNIA ====================================================== Md. Aslam @ Aslam son of Late Teenkori Resident of village Parsarai, p.s. Dagarwa, District Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-06-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dagarwa Police Station Case No. 35 of 2016, disclosing offences under Sections 341 323, 324, 307, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner and the informant are the door to door neighbourer and on account of casting of vote in the panchayat election, an altercation took place between the parties. The injury sustained by the informant does not corroborate from the F.I.R. Moreover, the petitioner has

Patna High Court Cr.Misc. No.15508 of 2017 (3) dt.29-06-2017 been released on furnishing personal bond by the police and the petitioner has not misused the privilege of police bail. Considering the facts and circumstances of the case, since the petitioner was on Police Bail during course of investigation and has not misused the privilege of bail, it is directed that if the petitioner appears before the Court below within a period of four weeks from today and makes a prayer for bail, the same shall be considered and disposed of on its own merit in the light of the observations made in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) PLJR, 491.

With the above direction/observation, this application is disposed of.

(Arvind Srivastava, J) brajesh/- U T