Patna High CourtCR. MISC./56639/2018bail granted

Md. Irfan v. The State Of Bihar

2018-11-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56639 of 2018 Arising Out of PS.Case No. -261 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Md. Irfan son of Shamim @ Shamim Uddin, resident of Mohalla- New Ansar Nagar, P.S.- Nawada (Bundelkhand O.P.), District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 307, 379 of the Indian Penal Code. The prosecution case, in brief, is that in the background of a petty issue, a dispute arose and the accused persons are alleged to have assaulted the informant by fist and slaps. 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 been falsely implicated in the present case. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by

Patna High Court Cr.Misc. No.56639 of 2018 (3) dt.20-11-2018 Magistrate. After investigation, the police has also not submitted charge sheet u/S 307 of the Indian Penal Code. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Bundelkhand) P.S. Case No. 261 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T