Md. Jamilur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7740 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -NANPUR District- SITAMARHI ====================================================== Md. Jamilur Rahman S/o Late Jibur Rahman, Resident of village- Bharaun, P.S.- Nanpur, District- Sitamarhi .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shafiur Rahman, Adv. Mr. Anuj Kumar, Adv.

For the Opposite Party/s : Mr. Ajay Kumar 2 (App) For the informant : Mr. Shamimul Hoda, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Nanpur P.S.Case No. 115/2015, disclosing offences under sections 147, 341, 323, 307, 379 and 504 of the Indian Penal Code. From the First Information Report, it is evident that the occurrence had taken place out of property dispute between the parties. Admittedly, the informant and the present petitioner are full brothers.

Learned counsel, appearing on behalf of the informant, has vehemently opposed the prayer for anticipatory bail and has submitted that the injuries have been found to be grievous and that

Patna High Court Cr.Misc. No.7740 of 2016 (2) dt.31-03-2016 the petitioner has criminal antecedent, over and above those mentioned in paragraph 3 of the application.

However, considering genesis of the occurrence and the fact that the other co-accused persons, namely, Md. Khalilur Rahman and Neyaj Ahmad, have been granted regular bail, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Chief Judicial Magistrate, Sitamarhi in Nanpur P.S.Case No. 115/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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) Surendra/- U