Md. Tahbul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57577 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -ANDHRATHARI District- MADHUBANI ====================================================== Md. Tahbul S/o Md. Mohib, R/o Village- Gidarganj, P.S.- Andhra tharhi, District- Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Andhratharhi P.S. Case No. 31/2017, disclosing offences under Sections 147, 341, 323, 448, 354(B) and 504 of the Indian Penal Code.
There are seven accused persons named in the F.I.R. The co-accused persons are family member of the petitioner including his father and mother.
Learned counsel for the petitioner has submitted that the case of the prosecution, on the face of it, appears to be absurd. He has also submitted that the F.I.R. has been registered after three days of the occurrence. It is further submitted that the petitioner is ready to present himself before the police and the court as and
Patna High Court Cr.Misc. No.57577 of 2017 (2) dt.13-12-2017 2/2 when required, if granted anticipatory bail. From the First Information Report, it appears that some kind of Panchayati was held in which the petitioner had participated. In that background learned counsel for the petitioner submits that there is no chance of absconding from the case of the petitioner. Considering the above submission, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IIIrd, Jhanjharpur, Madhubani, in connection with Andhratharhi P.S. Case No.
31/2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vinita/- U T