Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79892 of 2018 Arising Out of PS. Case No.-524 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== Danish son of Md. Equbal Ahmad @ Sannu, resident of Village- Wajidpur, P.S.- Sheikhpura, District-Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abul Kalam For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 This is an application for grant of anticipatory bail in connection with Sheikhpura P.S. Case No. 524 of 2018, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 504 and 506 of the Indian Penal Code.

Allegation as per F.I.R. is that while the informant was at the shop of Bhushan Badhai situated at Wajidpur Mor, then the accused persons including the petitioner came there and Umesh Mahto assaulted the informant with bate of spade and Arif Raza assaulted by dagger and the petitioner has assaulted by butt of pistol and they also started assaulting on his back and head.

Submission of learned counsel for the petitioner is that though there is allegation against the petitioner is of assault by butt of pistol, but the witnesses in paras 7, 8, 9 and other

Patna High Court CR. MISC. No.79892 of 2018(4) dt.15-04-2019 2/2 paragraphs including the shopkeeper Bhushan Badhai and his staffs, have not supported the allegation of assault by this petitioner rather it is stated that he is Umesh Mahto, who has assaulted the informant causing injury to him. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that three injuries were found to be grievous in nature and the informant has also taken the name of the petitioner.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Seikhpura, in connection with Sheikhpura P.S. Case No. 524 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T