Sakil Akhtar @ Shakil Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27452 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SAKIL AKHTAR @ SHAKIL AKHTAR SON OF KASIM MIYA VILLAGE- PIPRA ASLI, PS- SAHEBGANJ, DISTT- MUZAFFAPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2023 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Rajiv Nayan, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Sahebganj PS Case No. 390/2022 dated 19.08.2022 registered for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the IPC.
3. As per prosecution case, the petitioner has assaulted on the head of the informant by means of Khanti.
4. Learned counsel for the petitioner submits that both the parties are co-sharers and there is a land dispute between them. He further submits that a counter case has been lodged by the side of the petitioner bearing Sahebganj PS Case No. 391/2022. He also submits that the injury caused to the
Patna High Court CR. MISC. No.27452 of 2023(2) dt.12-07-2023 2/2 informant is simple which would be evident from Annexure-2.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that there is a case and counter case between the parties, the injury caused to the informant is simple in nature and both the parties are co-sharers, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, SAKIL AKHTAR @ SHAKIL AKHTAR, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Sahebganj PS Case No. 390/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T