Shakeel Mian @ Shakil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23338 of 2019 Arising Out of PS. Case No.-428 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== SHAKEEL MIAN @ SHAKIL AHMAD S/o Late Ismail Mian R/o villageBagahi Tamoliya Tola, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.

The petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 428 of 2018 registered for the offence punishable under Sections 147/149/341/323/324/307/ 384/379/504/506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the occurrence came about on account of the certain dispute between the parties with regard to the construction of shed and that there was no premeditation or repetition of blows so as to attract the provisions of Section 307 of the I.P.C. It has further been submitted that whatever injuries are said to have been inflicted, have been found to be simple in nature and,

Patna High Court CR. MISC. No.23338 of 2019(3) dt.12-07-2019 2/3 therefore, the petitioner may be extended the privilege of anticipatory bail.

Learned counsel for the informant, however, submits that the informant is a widow lady and was injured on account of overpowering behaviour of the petitioner and, therefore, he could not be extended the privilege of bail as the informant will be severely prejudiced on account of his highhandedness. However, considering the fact that the injuries purported to have been inflicted, have been found to be simple in nature, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bettiah, District-West Champaran, in connection with Bairiya P.S. Case No. 428 of 2018, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

However, it is made clear that if, at all, there is any occurrence of similar nature at the hands of the petitioner, it shall be open to the informant/opposite party to take

Patna High Court CR. MISC. No.23338 of 2019(3) dt.12-07-2019 3/3 appropriate steps for cancellation of bail.

(Anjana Mishra, J) Saif/- U T