Md. Saddam Alam @ Md. Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61326 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Md. Saddam Alam @ Md. Saddam, Son of Md. Abid, Resident of VillageBihtan, P.S. Bithan, District Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Kundan Kumar, Advocate. For the Opposite Party : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 337, 338 and 307/34 of the IPC.
The prosecution story, in brief, is that due to business rivalry for opening new shop of quilt behind the shop of accused, some altercation took place in between the parties and in course of it, Md. Saddam with an intention to kill, assaulted with bricks on the head and face thereby the informant became injured. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.61326 of 2018 (2) dt.11-10-2018 2/2 petitioner. Nature of injury is said to be simple. Hence, no offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.
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 or 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 the learned S.D.J.M. Rosera, Samastipur, in connection with Bithan P.S. Case No. 12/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T