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Patna High CourtCR. MISC./35366/2017allowed

Nizam Khan @ Nezam Khan v. The State Of Bihar

2017-11-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.35366 of 2017 (8) dt.07-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35366 of 2017 Arising Out of PS.Case No. -238 Year- 2017 Thana -BIRAUL District- DARBHANGA ======================================================

1. Nizam Khan @ Nezam Khan Son of Rizwan Khan, Resident of VillageSahoo, Police Station- Biraul, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Biraul Police Station Case No. 238 of 2017, disclosing offences under Sections 341, 323, 448, 308, 504 and 506/34 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. In fact, altercation took place between the parties in which both the parties have sustained injuries for which case and counter case has also been lodged by both of them. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.35366 of 2017 (8) dt.07-11-2017 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 Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul Police Station Case No. 238 of 2017, corresponding to G.R. No. 450 of 2017 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T