Patna High CourtCR. MISC./40681/2016bail granted

Md. Talib v. The State Of Bihar

2016-09-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40681 of 2016 Arising Out of PS.Case No. -178 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Talib son of Md. Hasim Resident of Village-Mahalgown, P.S.- Jokihat (Mahalgown), Dist- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Jokihar (Mahalgown) P.S. Case No. 178 of 2016, disclosing offences under Sections 341, 323, 324, 307, 354B ,379, 504, 506/34 of the Indian Penal Code.

It is alleged in the First Information Report that the petitioner was forcibly constructing a house on a piece of land, which is in the share of the informant. When the informant objected the same, the petitioner and another coaccused person are said to have assaulted the informant and her family members variously.

Learned counsel appearing on behalf of the petitioner has submitted that land dispute is apparent reason

behind lodging of the First Information Report. He has also submitted, referring to the injury report that injury has been found to be simple in nature.

Considering the above, this application is allowed. Let petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned Sub-Divisional Judicial Magistrate, Araria in Jokihar (Mahalgown) P.S. Case No. 178 of 2016, subject to the conditions as 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 bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/-c U