Patna High CourtCR. MISC./9581/2017bail granted

Md. Shakil And ORS v. The State Of Bihar

2017-03-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9581 of 2017 Arising Out of PS.Case No. -347 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Shakil, son of Md. Sultan,

2. Md. Shamim, son of Md. Sadan,

3. Md. Karu, son of late Md. Kalim, all Resident of Mohalla- Gagandiwan, P.S.- Laheri, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Laheri P.S. Case No.347 of 2016 instituted for the offence under Section(s) 341, 323, 504, 307, 506/34 Indian Penal Code. From the written report, it appears that there is allegation against petitioner No.1 and 2 that they assaulted son of the informant with sword and dagger on the neck and the doctor has found incised wound over neck of the injured and opined the same to be dangerous to life.

In view of such, this Court does not find it a fit case for grant of anticipatory bail to the Petitioner Nos. 1 and 2. Accordingly, prayer of anticipatory bail of

Patna High Court Cr.Misc. No.9581 of 2017 (2) dt.08-03-2017 2/2 Petitioner Nos.1 and 2 is rejected.

Petitioner Nos.1 and 2 may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

So far petitioner No.3-Md.Karu is concerned, there is no allegation of any specific overt act against him. In the facts and circumstances of the case, prayer of the petitioner No.3 for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner No.3, named above, within six weeks from today in connection with Laheri P.S. Case No.347 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM I, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T