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Patna High CourtCR. MISC./40775/2017bail granted

Bazed v. The State Of Bihar

2017-09-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40775 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Bazed, son of Abbas Ali, Resident of Village- Umarai Kohara, P.S.- Makhdumpur (Tehata) District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is permitted to make necessary correction in the cause title of the petition. The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

As per statement made in the First Information Report petitioner along with other co-accused persons assaulted the informant with bat of Hockey causing injury. It has further been alleged that Mehandi and Md. Sonu have assaultedd the informant with butt of pistol on the head and nose of the informant as a result blood started oozing out. Phone call was

Patna High Court Cr.Misc. No.40775 of 2017 (2) dt.22-09-2017 given to the father of the victim, he came and carried the victim to Sadar Hospital. Later on he was referred to PMCH, Patna. It appears that on account of some dispute an altercation has taken place in between two groups in which during assault the victim has received injury. There is no specific allegation against the petitioner.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Bazed, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jehanabad in connection with Makhadumpur P.S. Case No.112 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioner will not co-operate during investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail.

Vinay/- (Shivaji Pandey, J) U T