Patna High CourtCR. MISC./35084/2017allowed

Anwar Mian @ Anwar Hussain v. The State Of Bihar

2017-10-09Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.35084 of 2017 (3) dt.09-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35084 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anwar Mian @ Anwar Hussain Son of Late Khairuddin Mian resident of Village Ramdiha P.S. Chakia, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Salahuddin Khan, Adv. For the Opposite Party/s : Mr. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chakia Police Station Case No. 129 of 2016, disclosing offences under Sections 341, 323, 307, 379, 354/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. As a matter of fact, the injury sustained by the informant is simple in nature, therefore, no case under Section 307 of the Indian Penal Code is made out against the petitioner. Hence, the petitioner, who is of clean antecedent, deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.35084 of 2017 (3) dt.09-10-2017 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Motihari, in connection with Chakia Police Station Case No. 129 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T