Patna High CourtCR. MISC./13253/2016bail granted

Md. Shahzad Alam @ Sintu @ Md. Sehzad v. The State Of Bihar

2016-05-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13253 of 2016 Arising Out of PS.Case No. -366 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Md. Shahzad Alam alias Sintu alias Md Sehzad Son of Md. Samim resident of Mohalla- Nadraganj Dargah Police- Station- Civil Lines District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Civil Lines P.S. Case No. 366 of 2015, disclosing offences under Sections 341,323,307,504/34 of the Indian Penal Code. From the First Information Report, it appears that over some dispute between the informant and the petitioner, the petitioner hit the daughter of the informant with brick causing injury.

Learned counsel for the petitioner has submitted that no offence under Section 307 of the Indian Penal Code is made out on the basis of what has been alleged in the First Information

Report. He has further submitted that the petitioner has no criminal antecedent.

Considering the genesis of the occurrence and that the fact that the petitioner has no criminal antecedent, this application is allowed.

Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Civil Lines P.S. Case No. 366 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U