Patna High CourtCR. MISC./52946/2016allowed

Md. Intejar Sheikh @ Intezar Sheikh v. The State Of Bihar

2017-02-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.52946 of 2016 (4) dt.13-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52946 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -SONBERSA District- SITAMARHI ======================================================

1. Md. Intejar Sheikh @ Intezar Sheikh S/O Majbul Sheikh, Resident of Village- Bela Mobarakpur, P.S. Sonbarsa, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 29.09.2016 in connection with Sonbarsa P.S. Case No. 107 of 2016 registered under Sections 147, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code. Accusation is of assault by means of Lathi, Danda Knife and threat to kill.

Learned counsel for the petitioner has submitted that the petitioner and the informant happened to be co-villager and there is a land dispute between the parties, in which, an altercation took place and both the parties sustained injuries, for which, a case and counter case have been lodged by both the sides. In fact, no case under Section 307 of the Indian Penal Code is made out in as much as the doctor did not find any injury on the person of the informant caused by the sharp

Patna High Court Cr.Misc. No.52946 of 2016 (4) dt.13-02-2017 weapon i.e. Knife rather the injuries sustained by the informant are caused by a hard and blunt substance and appears to be simple in nature. The petitioner, who is of clean antecedent, is rotting in jail custody for the last four months.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Sonbarsa P.S. Case No. 107 of 2016.

(Arvind Srivastava, J) brajesh/- U T