Patna High CourtCR. MISC./8974/2015bail granted

Sarfuddin v. The State Of Bihar

2015-03-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8974 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -BARHARIA District- SIWAN ====================================================== Sarfuddin Son of Rabey Alam resident of village - Rasoolpur, P.S. Barharia, District - Siwan ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,325 and 308 of the Indian Penal Code and subsequently Section 302 added. It is alleged that the son of the informant was assaulted by a wooden plank by co-accused Babuddin who subsequently succumbed to the injuries.

Learned counsel for the petitioner submitted that the petitioner was no named in the F.I.R. but his name sprang up during investigation that he was assisting Babuddin. Considering the facts that the petitioner is not named in the F.I.R. and there is specific allegation of assault against Babuddin and from the post-mortem report only one injury reflects as well as keeping in view the statement made in para-3 of the

Patna High Court Cr.Misc. No.8974 of 2015 (2) dt.04-03-2015 2/2 petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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, Siwan in connection with Baraharia P.S.Case No. 87 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Sujit/- U