Patna High CourtCR. MISC./53543/2017bail granted

Md. Naushad v. The State Of Bihar

2017-11-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53543 of 2017 Arising Out of PS.Case No. -455 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Md. Naushad, son of Late Wahid, resident of village-Muria, Police Station-Sadar, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Darbhanga Sadar P.S. Case No.455 of 2015 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. Allegation against the petitioner is that he assaulted the Informant with iron rod on the head. Injury report of the Informant is available at Annexure-4, wherein, doctor has not found any external injury.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Darbhanga Sadar P.S.

Patna High Court Cr.Misc. No.53543 of 2017 (3) dt.23-11-2017 2/2 Case No.455 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T