Bado @ Muzahid Islam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54414 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- AMDABAD District- Katihar ====================================================== Bado @ Muzahid Islam, Son of Ainuddin @ Patanu, Resident of VillageBalua, P.S.- Amdabad, District- Katihar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudha Chandra For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections, 341, 323, 307/34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant's husband by knife, due to which he sustained injuries.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. Both parties are neighbours. In the alleged occurrence the uncle and the brother of the petitioner are said to have sustained injuries. The injuries on the accused side have not been explained by the
Patna High Court Cr.Misc. No.54414 of 2018(2) dt.05-10-2018 2/2 prosecution. It is further submitted that in course of treatment, the uncle of the petitioner is said to have succumbed to the injuries. The prosecution has not come with clean hands. 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 Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. case No.35 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T