Md. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63754 of 2018 Arising Out of PS. Case No.-150 Year-2018 Thana- BAUSI District- Purnia ====================================================== Md. Khurshid, s/o- Mojibur Rahman, r/o- village Majlishpur, P.S.- Baisi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr. . Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 504, 307, 379 and 34 of the Indian Penal Code.

The prosecution case, in short, is that in the mornign while the informant was working in front of his house, the accused persons came and assaulted him. The persons came in rescue were also assaulted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that the weapon used in the occurrence

Patna High Court Cr.Misc. No.63754 of 2018(2) dt.11-10-2018 2/2 is said to be sharp cutting weapons. From perusal of the injury report, it appears that the injury is said to have been caused by hard and blunt substance. The injury report does not corroborate with the manner of occurrence as alleged in the F.I.R. Hence, the allegation made by the informant cannot be relied upon. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 150 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T