Md. Abdullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38909 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- DHURAIYA District- Banka ====================================================== MD. ABDULLAH Son of Md. Jahangir Resident of Village- Dhopsanda, Police Station- Dhoraiya, District- Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Dhoraiya P.S. Case No. 178 of 2018 registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that against the petitioner there is no specific allegation of causing any injury. The specific allegation of giving knife blow is against Md. Guddu.

Learned APP for the State has opposed the prayer of anticipatory bail of the petitioner.

Considering the facts and circumstances of the case where the specific allegation of giving knife injury is made against Md. Guddu and there is no specific allegation against

Patna High Court CR. MISC. No.38909 of 2019(4) dt.20-09-2019 2/2 the petitioner as also that he has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Dhoraiya P.S. Case No. 178 of 2018 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T