Md. Hiro v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20869 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -MAHISI District- SAHARSA ======================================================

1. Md. Hiro son of Meer Munif resident of village- Rajanpur, P.S.- Mahishi, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra For the Opposite Party : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-07-2015 Heard both sides.

The petitioner apprehends his arrest in connection with Mahishi P.S. case no. 113 of 2014, registered under Sections 341,323,324,307,379 and 504/34 of the IPC.

It has been submitted that allegation of inflicting knife blow to the informant has been attributed to Md. Bikaullah. Informant subsequently lodged the case only against four accused persons and not the petitioner.

The aforesaid contention has not been disputed by the learned APP.

In the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Let the petitioner, named above, in the event of his

Patna High Court Cr.Misc. No.20869 of 2015 (2) dt.08-07-2015 2/2 arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saharsa, in connection with Mahishi P.S. case no. 113 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T