Sagar Churihara @ Md. Sagar Siddiki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33721 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- SIGAUDI District- Patna ====================================================== SAGAR CHURIHARA @ MD. SAGAR SIDDIKI S/o Late Mustafa Churihar @ Mustafa Siddiki R/o village- Makhdoomchak, P.S.- Sigori, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahboob Ashraf For the Opposite Party/s :

Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 326, 307 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he attacked Shekhar Yadav by sword, due to which he sustained injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.33721 of 2020(2) dt.25-02-2021 2/2 present case. As per the allegation, the petitioner is said to have given sword blow on the victim. From perusal of the injury report, it appears that the injury is said to have been caused by hard and blunt object. The injury report further does not indicate whether the injury is said to be grievous or simple. Hence it cannot be ascertained whether Section 307 of I.P.C. is made out or not.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 learned A.C.J.M. V, Danapur in connection with Sigori P.S. case No.78 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T