Najub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34626 of 2018 Arising Out of PS.Case No. -72 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Najub, Son of Md. Belal, Resident of Village- Chikni, Ward No.4, P.S.+District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Araria Police Station Case No. 72 of 2015, disclosing offences under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Allegation against the petitioner is of assault on the neck of the informant by means of sword.

Submission of learned counsel for the petitioner is that the F.I.R. itself shows that there is land dispute between the parties and further lacerated injury was found on the person of the injured,, which will appear from annexure - 2 and the injury is simple in nature.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner, above named, in the

Patna High Court Cr.Misc. No.34626 of 2018 (4) dt.31-07-2018 2/2 event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate -Araria, in connection with Araria Police Station Case No. 72 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is further subject to the condition that:- I.

One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

II.

The petitioners shall cooperate in the investigation and make himself available as and when required by the police and on the event on failure of his part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T