Md. Nadim Sarwer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42060 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -KADWA District- KATIHAR =====================================

1. Md. Nadim Sarwer, son of Abdul Jalal, Resident of Village-Shikarpur, Police Station-Balia Belone (Kadwa), District-Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Rahmatullah For the Opposite Party/s : Mrs. Pushpa Sinha ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Kadwa (Balia Belon) P.S. Case No. 74 of 2016, disclosing offences under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

From the First Information Report, it is evident that some civil dispute between the petitioner and the informant is the reason behind lodging of the First Information Report.

Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.42060 of 2016 (2) dt.30-09-2016 2/2 that the allegation that the petitioner attempted to hit the informant with Dabiya, a sharp cutting weapon, which missed its target and the informant escaped unhurt, is completely false and malicious. It has been submitted that no injuries have been found to be grievous in nature. Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Kadwa (Balia Belon) P.S. Case No. 74 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T