Sikki @ Md. Sikki v. The State Of Bihar

Patna High Court Cr.Misc. No.18253 of 2017 (4) dt.28-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18253 of 2017 Arising Out of PS.Case No. -388 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Sikki @ Md. Sikki, Son of Late Md. Nayeem, Resident of village - Amrudi Bagicha, Ishopur, Post office + Police Station - Phulwarisharif, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Phulwarisharif P.S. Case No. 388 of 2016, registered under Sections 148, 149, 323, 307, 504 and 506 of the Indian Penal Code.

The accusation is that ten persons named in the F.I.R. including the petitioner came at Mohalla Murgiya Tola with intention to commit Marpit with Sahil, Roki, Bikki and Kalam, but they did not found there. At that time, Sikki (petitioner) and Bikki were armed with country made pistol. While Fahim Ansari tried to convince them but they became angry. In the meantime, they

Patna High Court Cr.Misc. No.18253 of 2017 (4) dt.28-11-2017 caused injury at the head of Fahim Ansari through rod and Khanti. Thereafter, Fahim Ansari was rushed to Harun Nagar City Hospital.

Learned counsel for the petitioner submits that while it is alleged in the F.I.R. that Satik, Sikki (petitioner) and Bikki were present with country made pistol at the time of occurrence but the injury caused to Md. Fahim Ansari through rod and Khanti. As such, petitioner is not the assailant of Md. Fahim Ansari. Having regard to 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 the Judicial Magistrate Ist Class, Patna, in connection with Phulwarisharif P.S. Case No. 388 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T