Md. Shakil @ Shakil Akhtar v. The State Of Bihar

Patna High Court Cr.Misc. No.21170 of 2017 (3) dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21170 of 2017 Arising Out of PS.Case No. -223 Year- 2016 Thana -BARHARA District- PURNIA ======================================================

1. Md. Shakil @ Shakil Akhtar son of Late Nasir Mian resident of village Khanua, P.S. Dhamdaha, District Purnia.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner, learned Addl. P.P. for the State as also learned counsel appearing for the informant.

The petitioner seeks bail in Barhara P.S. Case No. 223 of 2016 instituted for the offence under Sections-307, 435 & other minor sections of the Indian Penal Code.

Counsel for the petitioner has submitted that injury is said to have been caused by Gadansa but the doctor opined that the injury on the person of Md. Jamal, is caused by hard and blunt substance. The injury No. 1 which was on right side of nasal bridge over the eye ball has been found to be simple in nature. The opinion regarding the second injury which is fracture of both of the nasal bones, caused by hard and blunt substance, is grievous in

Patna High Court Cr.Misc. No.21170 of 2017 (3) dt.28-06-2017 nature.

There is allegation against the petitioner of assaulting Md. Jamal on his nose with Gadansa and to Md. Saheb with iron rod on the head.

The injury report of Md. Saheb has been mentioned in the Case Diary wherein the doctor has stated that the patient did not consult any higher centre. So the injury is simple in nature. As per allegation in the written report, the petitioner assaulted Md. Jamal with Gadansa but the doctor has found the injury caused by hard and blunt object on his person. In such circumstances, prayer for bail is allowed. The petitioner, named above is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount in connection with Barhara P.S. Case No. 223 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-2, Purnea subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T