Patna High CourtCR. MISC./15589/2016bail granted

Md. Muddin @ Muddin v. The State Of Bihar

2016-04-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.15589 of 2016 (2) dt.19-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15589 of 2016 Arising Out of PS.Case No. -90 Year- 2015 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. MD. MUDDIN @ MUDDIN son of Bipat Miya, Resident of VillageAkhtiyarpur Digha, P.S.- Baligaon, Dist- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 307 and other allied sections of the Indian Penal Code. Petitioner and six others are named in the first information report on the accusation that they assaulted the informant and his other family members by means of lathi, danta and sword. It appears that, altogether, eight persons sustained injuries in the alleged occurrence but all the injured sustained simple injury. The Addl. Sessions Judge IV, Vaishali at Hajipur rejected the prayer for bail of the petitioner on the ground that informant sustained two injuries on his head, though the aforesaid injuries were found simple in nature.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.15589 of 2016 (2) dt.19-04-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Baligaon P.S. Case no. 90/2015. Before parting with the order, I would like to warn Addl. Sessions Judge IV, Vaishali at Hajipur to be more cautious and vigilant while disposing of bail petitions because it is not expected from the officer of rank of Addl. Sessions Judge to pass such type of order on bail petition.

Let this order be communicated to the concerned court. shahid (Hemant Kumar Srivastava,J) U T