Patna High CourtCR. MISC./38510/2016bail granted

Md. Ehtesham v. The State Of Bihar

2016-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38510 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Md. Ehtesham Son of Md. Mustaqueem Resident of Village-Chak Hamid, P.S.- Bakhri, District-Begusarai .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party : Mr. Uday Pratap Singh, APP 178 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.

The petitioner apprehends his arrest in Bakhari P.S. Case No. 19 of 2016 under Section 307 and other sections of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that petitioner, Md. Ehtesham, assaulted Asjadi Khatoon with farsa which hit just below the left eye. Md. Ansar assaulted Asjadi Khatoon with a flank of wood and Habibul also assaulted Asjadi Khatoon with a flank of wood. On account of assault made by Md. Ansar, Asjadi Khatoon got grievous injury.

The learned counsel for the petitioner submits that Md. Ahsan and Md. Ansar have already been enlarged on anticipatory bail by a coordinate Bench of this Court vide order, dated 06.05.2016, passed in Cr. Misc. No. 18482 2016. On account of assault made by the petitioners, a simple injury was caused just below the left eye. The case of the petitioners stands on better footing.

Considering the facts and circumstances that other two similarly situated co-accused persons have already been enlarged on bail,

Patna High Court Cr.Misc. No.38510 of 2016 (4) dt.21-10-2016 these petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Bakhari P.S. Case No. 19 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Begusarai, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √