Md. Salman v. The State Of Bihar

Patna High Court Cr.Misc. No.761 of 2017 (3) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.761 of 2017 Arising Out of PS.Case No. -356 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Md. Salman Son of Md. Alam Resident of Village- Kharhara, P.S.- Barhat, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody in connection with Banka (Barahat) P.S. Case No. 365 of 2016 registered under Sections 147, 148, 149, 448, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

According to the prosecution, 15 persons including this petitioner entered in the house of the informant with intention to kill him. Thereafter, petitioner Md. Salman caused injury through licensee gun at the chest of the informant.

Learned counsel for the petitioner has submitted that the injuries found on the person of the informant are simple in nature, which is evident from the impugned order. There is a case and counter case between the petitioner and the informant and both the parties have

Patna High Court Cr.Misc. No.761 of 2017 (3) dt.22-02-2017 sustained injuries. Moreover, co-accused, Md. Galib, Md. Salib and Md. Sakir, have already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 148 of 2017.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 356 of 2016.

(Arvind Srivastava, J) brajesh/- U T