Kalu @ Md. Mursaleem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13030 of 2017 Arising Out of PS.Case No. -227 Year- 2015 Thana -KASBA District- PURNIA ====================================================== Kalu @ Md. Mursaleem, son of Late Sohrab Ali @ Sohrab, resident of village-Mirjabari, P.S.-Kasba, District-Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Kasba P.S. Case No. 227 of 2015 instituted for the offence under Section (s) 147, 148, 149, 323, 341, 342, 325, 324, 307, 379, 506 of the Indian Penal Code.
It has been submitted that present case is counter blast of Kasba P.S. Case No. 228 of 2015, registered under Sections 147, 149, 341, 323, 307, 379, 506 of the Indian Penal Code against the father of the informant and others for causing injury to the brother of the petitioner Md. Mustakim @ Md.
Patna High Court Cr.Misc. No.13030 of 2017 (2) dt.23-03-2017 2/3 Mursalim, son of Late Sohrab Ali and others.
In the instant case, there is general and omnibus allegation against the petitioner. The injury on the person of the informant has been found to be simple in nature. It has further been submitted that there is no criminal antecedent of the petitioner.
As per written report, the petitioner and other accused persons assaulted the informant and his other family members with lathi, danda, sward etc.
The injury report of the injured persons has been annexed as Annexure-3 series. It appears from the injury report that injury has been found to be simple in nature and none of the injury was on the vital part of the body. From the written report itself, it appears that the occurrence took place on account of punchayati from before. In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Kasba P.S. Case No. 227 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.13030 of 2017 (2) dt.23-03-2017 3/3 Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Priya, J) Shageer/- U T