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Patna High CourtCR. MISC./49460/2016bail granted

Md. Mustafa @ Mustafa v. The State Of Bihar

2016-11-19Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.49460 of 2016 (2) dt.19-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49460 of 2016 Arising Out of PS.Case No. -423 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Md. Mustafa @ Mustafa son of Md. Hakim resident of village Jafara, P.S. Sadar, District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar Thakur For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 423 of 2015 for the offences registered under Sections 147, 148, 442, 341, 323, 324, 307, 379, 354 and 504 of the Indian Penal Code.

Admittedly, there was a dispute between the parties with regard to encroachment made on plot.

Learned counsel for the petitioner submits that after due enquiry police has submitted chargesheet in other sections of the Indian Penal Code but not under Section 307 of the Indian Penal Code. Even the allegation with regard to other sections does not stand by the injuries which have been found. In view of the aforesaid facts and circumstances of the

Patna High Court Cr.Misc. No.49460 of 2016 (2) dt.19-11-2016 case and that the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Darbhanga in connection with Sadar P.S. Case No. 423 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T