Kamran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9064 of 2017 Arising Out of PS.Case No. -616 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Kamran, Son of Late Subair, resident of Village- Madhura Paschim, P.S.- Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 616 of 2016 for the offences punishable under sections 147, 341, 323, 325, 307, 354 (B), 379, 504 and 506 of the I.P.C. Allegedly, the petitioner gave order to kill the informant and others and then the co-accused Sarfaraj Haidar assaulted the maternal uncle of the informant causing grievous injury on his head and when Syed Jaigam Hussain, the brother-inlaw of the informant, went for rescue he was also assaulted by the petitioner with sword causing injury to his left ear. Submission is of false implication and that the injury

Patna High Court Cr.Misc. No.9064 of 2017 (2) dt.09-03-2017 2/2 report of Syed Jaigam Hussain is not consistent with the prosecution version and only abrasion has been found near the left ear which is simple in nature caused by hard and blunt substance and as such the prosecution version that the petitioner assaulted with sword is not substantiated, the petitioner has got no criminal antecedent and as such the he deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering the injury report of Syed Jaigam Hussain, vide Annexure-3, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Araria in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T