Patna High CourtCR. MISC./50125/2015bail granted

Raju Mahaldar v. The State Of Bihar

2015-11-04Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.50125 of 2015 (2) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50125 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -ABADPUR District- KATIHAR ====================================================== Raju Mahaldar Son of Patanu Mahaldar, resident of Village - Malikpur, P.S. Abadpur, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Musowir, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307/34 of the Indian Penal Code registered in connection with Abadpur P.S. Case No. 53 of 2015.

3. It is submitted that the petitioner has been falsely implicated in retaliation to the prior F.I.R. instituted at the instance of the petitioner against the informant and others in Abadpur P.S. Case No. 52 of 2015. It is further submitted that the accusations of assault are general and omnibus in nature and no external injury has been sustained by the informant as evident from the injury report.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.50125 of 2015 (2) dt.04-11-2015 circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Abadpur P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Md. Ibrarul/- U T