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Patna High CourtCR. MISC./50812/2019bail granted

Akram Mian @ Md. Akram @ Ekram Miya v. The State Of Bihar

2019-11-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50812 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== Akram Mian @ Md. Akram @ Ekram Miya Son of Jahruddin Mian @ Md. Jaharuddin Resident of Village- Saidpura, P.S.-Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Arbind Kumar Pandey (APP 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Kateya P.S. Case No. 86 of 2019 registered for the offence punishable under Sections 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

While the informant was present in his house along with his family members, four named accused persons including the petitioner armed with weapons descended there and petitioner assaulted on the hand of the informant by means of rod while other accused persons assaulted his other family members by means of knife and lathi.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.50812 of 2019(3) dt.16-11-2019 2/2 that the petitioner has no concern with the aforesaid occurrence. Petitioner has been falsely implicated in this case by the informant due to petty dispute with him, who happens to be his neighbour. Allegation against the petitioner is of assaulting the informant at his hand i.e. on non-vital part. On examination of the informant, doctor has found swelling on his left hand. Though, opinion regarding nature of injury has been reserved on 06.03.2019 but, despite passing away more than eight months, final injury report has not been brought on record by the prosecution. Petitioner has no criminal antecedent.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XV, Gopalganj in connection with Kateya P.S. Case No. 86 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.