Imteyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30821 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Imteyaz, Son of Jamirul Haque Ansari, Resident of Village - Kudwa, P.S.- Barharia, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP For the Informant :

Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-05-2019 Petitioner seeks regular bail in connection with Barharia P.S. Case No.36 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Allegation as per F.I.R. is that several accused persons came at the door of the informant and assaulted the informant with fists and slaps. Mahfooz Alam and Abbas Mian came and protested, then the another set of accused persons arrived with Lathi, Danda and sword and assaulted the informant. The coaccused Mahboob Alam stabbed in the stomach and Asif Ali assaulted on neck by knife, then Mahfooz Alam fell down and then the petitioner snatched away a golden chain from his neck. Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.30821 of 2019(2) dt.23-05-2019 2/2 that though the petitioner is named in the F.I.R. but no specific allegation has been attributed against him except of snatching of chain which is ornamental in nature and the charge sheet has been submitted as such, there is no chance of tampering with the evidence.

Heard learned A.P.P. and learned counsel for the informant who has opposed the prayer for bail stating that all the accused persons including the petitioner came with a common object and caused injuries to the informant. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. Case No.36 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) sunil/- U T