Md. Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23778 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- BALIA BELON District- Katihar ====================================================== MD. SHAHNAWAZ Son of Md. Dilabar Hussain @ Dilawar Husen Resident of Village - Pelapur, P.S.- Balia Belon, Distt - Katihar. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Balia Belon P.S. Case No. 8 of 2019 for the offence punishable under Sections 341, 323, 379, 354, 307, 504 and 452 of the Indian Penal Code.

The petitioner is elder brother of the husband of the informant. From the First Information Report, it appears that some altercation had taken place between the parties because the children of the two families had quarreled. There is allegation against the petitioner of having assaulted the informant in his head with sharp edged weapon. Learned counsel appearing on behalf of the petitioner has submitted that the injuries has been found to be simple in nature.

Considering the background, in which the

Patna High Court CR. MISC. No.23778 of 2019(2) dt.12-04-2019 2/2 occurrence is said to have taken place and the nature of accusation, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Katihar in Balia Belon P.S. Case No. 8 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T