Md. Karim v. The State Of Bihar

Patna High Court Cr.Misc. No.44531 of 2016 (2) dt.27-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44531 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -TARABARI District- ARRARIA ====================================================== Md. Karim, Son of Late Hafij, Resident of Village- Balbat, P.S.- Tarabari, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Pratap Singh, Advocate. For the Opposite Party/s : Mr. Sri Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tarabari P.S. Case No. 65 of 2016 registered under Sections 341, 323, 326, 307 and 504/34 of the Indian Penal Code. The accusation is that the informant, who is running a Garrage of motorcycle repairing, was called by one Enayat of village Balwat for repairing of the motorcycle of Mansoor Master in the night. Thereafter, he went at the house of Mansoor Master and repaired the motorcycle and when he made demand of repairing charge of motorcycle then Mansoor Master asked him to pay the same of the day time, on which, informant replied that the charge of repairing of motorcycle in night is higher than of day time. Thereafter, Mansoor Master, Farookh, Laddo along with

Patna High Court Cr.Misc. No.44531 of 2016 (2) dt.27-10-2016 petitioner started to abuse him and caused assault through fist. When the informant tried to flee away then on the order of coaccused, Md. Farookh, Mansoor Master fired at him causing injury at his waist. Anyhow the informant started to run but he fell down near the house of Khursheed.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. along with three others but the specific over act has been attributed against Mansoor Master to cause injury through pistol on the order of Md. Farookh and the petitioner is said to be present there only. It is further submitted that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-III, Araria, in connection with Tarabari P.S. Case No. 65 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T