Tasim @ Md. Tashim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47981 of 2015 Arising Out of PS.Case No. -484 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== TASIM @ MD. TASHIM Son of Md. Hamid, A Resident of Village - Rupnagara, Police Station - Saharsa, District - Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. G.S.Gupta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-01-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 307/34 and some other allied offences under the Indian Penal Code.

Though, the petitioner is named in the F.I.R, vide Annexure-1, as an accused and he is alleged to have assaulted the informant by Dabiya, but taking into consideration the fact that the injury report does not support the prosecution version, as has been fairly conceded by the learned Additional P.P appearing on behalf of the State, since the injury sustained by the informant was found to be simple in nature caused by hard and blunt substance, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, the prayer for anticipatory bail is allowed.

In the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bonds of Rs. 25,000/- with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.47981 of 2015 (3) dt.29-01-2016 2/2 satisfaction of the learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S.Case No. 484 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C and subject to the further conditions that:

(A). One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the Court below showing his relationship with the petitioner, (B). if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned and ( C). the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/Brajesh-III U T