Md. Muntajim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49135 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -FALKA District- KATIHAR ====================================================== Md. Muntajim Son of Gyas Resident of Village- Mohammadnagar Rajdhani, P.S.- Falka, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 323, 341, 307 and 325 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that on account of land dispute between the parties, there is case and counter case. From the allegation it appears that the petitioner is alleged to have given a khanti blow on the head of the informant. Case diary has been received. Injury report has also been annexed as Annexure-2 where the doctor has found one injury over forehead 4"x2" and swelling and pain over a middle of left Arm 3"x2" which are simple in nature. From the injury report also it appears that there is no repetition of blow. From the

Patna High Court Cr.Misc. No.49135 of 2016 (3) dt.27-01-2017 2/2 written report, it appears that there is land dispute between the parties.

It is mentioned in paragraph-30 of the case diary that a counter case has been filed by the petitioner vide Falka P.S. Case No. 121 of 2016 against the informant and his family members.

In such circumstances, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Falka P.S. Case No. 120 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Katihar, subject to the conditions as laid down under Section 438

(2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T