Md. Kasmuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49164 of 2017 Arising Out of PS.Case No. -176 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Md. Kasmuddin, Son of Md. Hakim, resident of Village- Gajpati, Madhopur (Madhopur Gajpati), P.S. Desri Chandpura, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Desri P.S. Case No. 176 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code.

There is allegation in the written report that this petitioner assaulted the informant with knife and his associates assaulted the informant with Katta on the head.

Counsel for the informant has appeared and submitted that earlier he has filed a case in which, son of the petitioner has been remanded to jail and the petitioner is pressurizing to withdraw that case. The injury report of the informant is annexed as Annexure3 to this petition wherein no injury of knife has been found on the person of the injured. One lacerated bleeding wound and bruise was found on the person of the injured. The injuries were caused by hard

Patna High Court Cr.Misc. No.49164 of 2017 (3) dt.02-11-2017 and blunt object and the same was found to be simple in nature. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Desri P.S. Case No. 176 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateII, Vaishali at Hajipur subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T