Md. Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46608 of 2015 Arising Out of PS.Case No. -411 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Md. Iqbal, S/o Md. Israil, R/o Village-Nasirganj, East Tola, P.S.-. Nagar, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Sharda Nand Mishra, Advocate For the S t a t e : Mr. Umeshlal Verma (APP) For the Informant : Mr. Md.Musowir, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State as also the learned counsel for the informant.

The petitioner is apprehending his arrest in connection with Katihar Town P.S. Case No.411 of 2015 for allegedly having committed the offence under Sections 341, 323, 324, 307, 379, 120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that there is a history of litigations between the parties as there was an agreement regarding sale and purchase of land. Learned counsel submits that, admittedly, some money has changed hands, but the informant's side was unwilling to register the land. The occurrence took place in which the petitioner is alleged to have given a razor blow on the person of the

Patna High Court Cr.Misc. No.46608 of 2015 (4) dt.19-01-2016 2/2 informant. The injuries, noted though 15 cms., have been found to be superficial and simple in nature. Learned counsel for the informant submits that the petitioner had adopted a belligerent stand and was trying to enter into the property without taking recourse to the due process and the terms of the agreement, which had been arrived at between the parties.

However, considering the nature of allegations and also having taken into note the fact that the petitioner has no criminal history, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Katihar Town P.S. Case No.411 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T