Md. Isarafal @ Md. Isaraful v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5987 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================
1. Md. Isarafal @ Md. Isaraful, son of Md. Taslim, resident of MohallaTaj Bishanpur Dih, P.S.- L.N.M.U. District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 07-03-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in LNMU P.S. Case No.106 of 2016 instituted for the offence under Section(s) 147, 341, 323, 307, 504, 448, 380 Indian Penal Code. It is alleged against this petitioner that he caused injury to Md. Shahwaz with dagger in his right hand. There is also allegation against Md. Abid of causing injury with dagger on the right hand of Md. Shahwaz.
Injury report of Md. Shahwaz has been annexed as Annexure-2 series, wherein, the doctor has found injuries on forearm, lip etc. caused by sharp cutting weapon, simple in nature.
Learned APP has submitted that the informant has also alleged that all the accused persons had assaulted but in the
Patna High Court Cr.Misc. No.5987 of 2017 (3) dt.07-03-2017 2/2 written report there is specific allegation against Md. Gulab of assaulting the informant with iron rod on his head. Injury report of the informant is also annexed as Annxure-2 series, wherein, the doctor has found one lacerated wound on the head of the informant caused by hard and blunt substance.
It has been submitted that other co-accused including Md. Gulab have been granted anticipatory bail by a coordinate Bench of this Court by order dated 13.12.2016 passed in Cr. Misc. No.46684 of 2016.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with LNMU P.S. Case No.106 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T