Md. Khobhari @ Rahamtulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18698 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Md. Khobhari @ Rahamtulla Son Of Late Md. Habib Resident Of VillageAlahdadpur, P.S.- Vaishali, District- Vaishali At Hajipur (Bihar). .... .... Petitioner

Versus

The State Of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Rakesh Kumar,Advocate For the State : Mr. Shantanu Kumar (App) For the Informant :

Mr. Anish Chandra, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The Petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 318 of 2015 registered for offences punishable under Sections 341,323,324,354,307,504/34 of the Indian Penal Code.

It is contended that there is a case and counter case between both the parties and so far the petitioner is concerned, he has only been stated to have caught hold of the informant, whereas, direct allegation of assault by dagger is upon co-accused Md. Imteyaz inflicting injury on her finger. The petitioner has stated in paragraph-3 that he has no criminal antecedent, however, learned counsel appearing for the informant has submitted that

Patna High Court Cr.Misc. No.18698 of 2016 (2) dt.13-05-2016 petitioner is involved in another case also.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Md. Khobhari @ Rahamtulla be released on bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Vaishali P.S. Case No. 318 of 2015, on furnishing bail bond of Rs. 10,000/- (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under sub-section

(2) of Section 438 of the Code of criminal Procedure with further condition that before accepting the bail bond, the Court below would verify the criminal antecedent of the petitioner. If the petitioner is found involved in any case then he would be taken into custody. However, if his criminal antecedent is clean, bail bond would be accepted.

(Dr. Ravi Ranjan, J.) ravi/- U T