Md. Jiaullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22093 of 2019 Arising Out of PS. Case No.-163 Year-2018 Thana- BELA District- Sitamarhi ====================================================== MD. Jiaullah, Son of Abdul Badud Resident of Village - Betaha, P.S.- Bela, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bela P.S. Case No. 163 of 2018, disclosing offences under Sections 341, 324, 307, 504, 506, 379 and 34 of the Indian Penal Code.
Learned counsel, appearing on behalf of the petitioner, submitted that, though there is allegation against the petitioner of having inflicted Dabia blow in the head of one Md. Irshad, the injury has been found to be simple in nature. It has also been argued that the present case is a counterblast to an FIR registered as 164 of 2018. It has further been argued that scuffle had taken place because of some previous quarrel between the children of the informant and the accused persons.
Patna High Court CR. MISC. No.22093 of 2019(2) dt.08-04-2019 2/2 Considering the genesis of the occurrence, 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 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Sadar, Sitamarhi in connection with Bela P.S. Case No. 163 of 2018, subject to the condition 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) HR/- U T