Md. Faiyaz @ Md.Faiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43895 of 2017 Arising Out of PS. Case No.-92 Year-2017 Thana- SOHSARAI District- Nalanda ====================================================== Md. Faiyaz @ Md. Faiyaz Alam, son of Late Yunus, resident of mohalla Mahua Tola, Police Station Sohsarai, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj For the Opposite Party/s :

Mr. KANHAIYA KISHORE ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sohsarai Police Station Case No. 92 of 2017, disclosing offences under Sections 147, 148, 149, 323, 341,324, 307 and 337 of the Indian Penal Code and Section 27 of the Arms Act. From the First Information Report, it appears that the occurrence is related to the date on which the votes were being cast for an election. Allegedly, the accused persons were pressurizing the informant to cast his vote in his favour. It is alleged that when the informant declined, the accused persons assaulted him.

It is alleged against the petitioner that he gave a blow with

Patna High Court Cr.Misc. No.43895 of 2017(4) dt.19-12-2017 2/2 hockey stick on the head of the informant causing injuries. Considering the genesis of occurrence and statement made in paragraph 3 of the application that the petitioner has no criminal antecedent, this application is allowed. Let the petitioner, Md. Faiyaz @ Md. Faiyaz Alam, 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 Additional Chief Judicial Magistrate VII, Nalanda, at Biharsharif, in connection with Sohsarai Police Station Case No. 92 of 2017, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √