Amirul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43177 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Amirul Haque, Son of Late Munshi Hussain @ Mansi Hussain, Resident of Village: Parsha, P.S. Barauli, District: Gopalganj. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the very genesis of the occurrence is not correct as the digging of the land was being carried out at the instance of the staff of the Electricity Board for replacing the damaged electricity pole and as per the direction of the petitioner the informant party raised uncalled for objection to the same. It is further submitted that there is no direct allegation against the petitioner of having committed any assault rather he has been sought to be roped in the case as an order-giver. It is also submitted that even the allegation of assault is from the back portion of Farsa, which is belied by the injuries received by

Patna High Court Cr.Misc. No.43177 of 2015 (2) dt.03-11-2015 the informant as all the injuries found to be incised wounds were simple in nature caused by sharp cutting instrument. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Amirul Haque, in the event of his arrest/surrender in the court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Barauli P.S.Case No. 55 of 2015 to the satisfaction of Sri Amit Kumar Pandey, Judicial Magistrate, 1st Class, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U