Shahid Husain @ Md. Shahid Husain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34548 of 2018 Arising Out of PS.Case No. -104 Year- 2017 Thana -SIGORI District- PATNA ======================================================
1. Shahid Husain @ Md. Shahid Husain, S/o Master Raut @ Abdul Rauf, resident of Village- Makhdoomchak, P.S.- Sigori, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2018 The petitioner is apprehending his arrest in connection with Sigori P.S. Case No. 104/2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is of assault by 'Butt' portion of the Revolver and there is also allegation against the other accused persons.
Submission of learned counsel for the petitioner is that the petitioner assaulted the deceased by Butt portion of the pistol, but no injury was found on the body of the deceased, which will appear from the post-mortem report and further submitted that there is case and counter case between the parties. Heard learned A.P.P. also.
Having heard both sides, considering the facts and
Patna High Court Cr.Misc. No.34548 of 2018 (4) dt.11-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Danapur, DistrictPatna, in connection with Sigori P.S. Case No. 104/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) chn/Amjad/- U T