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Patna High CourtCR. MISC./44876/2016disposed

Amir Khan And ANR v. The State Of Bihar

2016-12-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44876 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -SIKTI District- ARRARIA ======================================================

1. Amir Khan S/o Safiruddin Khan

2. Haider Khan @ Md. Haider Khan S/o Zabir Khan Both are resident of Village-Pararia , Khan Tola, P.S-Sikty, District-Araria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-12-2016 Power is filed on behalf of the informant.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioners apprehend their arrest in connection with Sikty P.S. Case No.122 of 2016 for the offences registered under sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Petitioner no.1 is said to have caused head injury to the informant by means of sharp cutting weapon and also assaulted the informant's son. So far as petitioner no.2 is concerned, no allegation of assault has been levelled against him. The impugned

Patna High Court Cr.Misc. No.44876 of 2016 (2) dt.07-12-2016 2/2 order goes to show that the informant as well as his son sustained injury.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for anticipatory bail of the petitioner no.2, namely, Haider Khan @ Md. Haider Khan is allowed and it is ordered that let him, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M.IIIrd, Araria in Sikty P.S. Case no. 122 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

So far as prayer for anticipatory bail of the petitioner no.1, namely, Amir Khan is concerned, the same stands rejected. (Hemant Kumar Srivastava, J) N.H./- U T