Patna High CourtCR. MISC./33228/2018bail granted

Sheikh Nuruddin v. The State Of Bihar

2018-06-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33228 of 2018 Arising Out of PS.Case No. -711 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheikh Nuruddin son of late Sheikh Kadir resident of village - Chailaha, P.S. - Banjaria, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 506, 307, 448 and 379 of the Indian Penal Code.

According to FIR, 8 persons including the petitioner allegedly assaulted to the informant and others. Though allegation against the petitioner is of commission of assault with sword, however, the Doctor has not found any sharp cut injury on the person of the injured nor any injury was found on the vital part of the body. The injury caused at the nose was grievous, according to opinion of the Doctor.

Submission is that there is case and counter case for land dispute. Petitioner is in custody since 19.04.2018.

Patna High Court Cr.Misc. No.33228 of 2018 (2) dt.25-06-2018 2/2 Learned counsel for the State as well as the informant opposed the prayer for bail.

Considering the nature of allegation which is not corroborated by the medical evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkaulia (Banjaria) Police Station Case No. 711 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T