Md. Sahabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5459 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -BHARGAWAN District- ARRARIA ====================================================== Md. Sahabul S/o Ali Resident of Village - Bishaharia, P.S. - Bhargama, District - Araria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 307, 379, 354B, 504 and 435 of the Indian Penal Code.

Allegation against the petitioner is that due to land dispute he along other accused persons came to the house of the informant and assaulted him and his family members. They also took away money and other articles.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. It is a case and counter case between the parties. Nature of injury is simple. Hence, no offence under Section 307 of the Indian Penal Code is made out against the petitioner.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two

Patna High Court Cr.Misc. No.5459 of 2016 (2) dt.18-03-2016 2/2 sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Araria, in connection with Bhargama P.S. Case no. 76 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T