Md. Ajij v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11954 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Md. Ajij, son of Islam @ Md. Islam @ Eslam, resident of VillageKhazura, P.S.- Madhepur, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Madhepur P.S. Case No.25 of 2017 instituted for the offence under Section(s) 147, 149, 341, 323, 324, 307, 354, 447, 427 Indian Penal Code. Counsel for the petitioner has submitted that there is case and counter case between the parties. Counter case being Madhepur P.S. Case No.26 of 2017 has been filed by this petitioner against the informant and others.

In the instant case, there is general and omnibus allegation against the petitioner. Injury reports of the injured have been enclosed as Anneuxre-3, which show all the injuries were simple in nature. Doctor has found injury on the person of the

Patna High Court Cr.Misc. No.11954 of 2018 (3) dt.10-05-2018 2/2 petitioner, who is informant in the counter case. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Madhepur P.S. Case No.25 of 2017, he 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 the Additional Chief Judicial Magistrate, II, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.