Taslim And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14860 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Taslim S/o Faziruddin
2. Rahim Baksh S/o Late Furkan Ali Resident of Village Mohiuddipur, P.S. Kishanganj, District Kishanganj.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard learned counsel for the petitioners, APP for the State and the informant.
The two petitioners herein seek bail in Kishanganj P.S. Case No. 49 of 2015 registered under diverse penal provisions of IPC including 307 IPC. On account of land disputes, it is alleged, the accused persons arrived at the scene of occurrence whereafter petitioner no.1 wielding an iron rod tried to hit the brother-in-law of the informant which however hit his driver causing injury on his head. Further allegation is that other accused persons including petitioner no.2 assaulted the driver as well as the compounder. Counsel for the petitioners submits that the injury
Patna High Court Cr.Misc. No.14860 of 2015 (3) dt.22-06-2015 2 / 3 report is a fabricated document since the master of the driver is a doctor himself. Earlier to this a case was lodged by the present prosecution party in relation to the same land disputes. The petitioners are in custody since 20.02.2015 Learned counsel for the informant and the APP, on the other hand, points out that the victim received the injury at the hands of petitioner no.1 on the skull which was found dangerous to life.
Considering the facts and circumstances of the case, I am not inclined to grant bail to petitioner no.1 Taslim. His prayer for bail is accordingly rejected. He may, however, renew his prayer for bail after six months if the trial does not record adequate progress within six months from the date of receipt/production of a copy of this order.
So far as petitioner no.2 Rahim Baksh is concerned, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 49 of 2015 (G.R. No. 255 of 2015) on condition that one of the bailors of the petitioner shall be his own/close family member. No sooner the charges are framed he shall appear on each date fixed at the trial. Failure
Patna High Court Cr.Misc. No.14860 of 2015 (3) dt.22-06-2015 3 / 3 in appearance on two consecutive dates shall lead to cancellation of his bail bonds.
(Kishore Kumar Mandal, J) HR/- U