Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27369 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Md. Afroz, Son of Basu Resident of Village - Bhirkhi, Ward No. 24, P.S.- Madhepura, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Madhepura P.S. Case No.18 of 2019 for the offence punishable under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioner is that petitioner along with other accused persons assaulted the father of the informant by means of Dabia causing him injury near his eyes. Mr. Udai Chand Prasad, learned counsel appearing for the petitioner submits that both the parties are next door neighbour and there was dispute with regard to land between them. Learned counsel further submits that the injury caused to the father of the informant is simple in nature, as would be

Patna High Court CR. MISC. No.27369 of 2019(5) dt.07-08-2019 2/2 evident from Annexure-2 which is injury report of Md. Rajwal. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are neighbours and there was land dispute between them and injury caused to the father of the informant is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T