Patna High CourtCR. MISC./45038/2017bail granted

Md. Alam v. The State Of Bihar

2017-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45038 of 2017 Arising Out of PS.Case No. -240 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Md. Alam, Son of Ali Imam, Resident of Village- Kasbe Ahar (Baheliya Tola), Police Station- Tajpur, District- Samastipur .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, APP 42 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioner apprehends his arrest in Tajpur P.S. Case No. 240 of 2016 registered under Sections 341, 342, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. The informant alleged that while he was on his shop, the petitioner and others came and assaulted the informant with iron rod.

The learned counsel for the petitioner submits that the shop of the petitioner is also situated by the side of the shop of the informant. There is scuffle between the two sides for which there is a case and counter case. From the side of the petitioner Tajpur P.S. Case No. 241 of 2016 is registered. It is, further, submitted that the informant, Pulindra Sharma, alleged that the petitioner indiscriminately assaulted him, but, from the perusal of the injury report of Pulindra Sharma, it would appear that Pulindra Sharma got only one injury on his fore-head in between two eye brows and the injury opined to be simple in nature. Therefore, the allegation of indiscriminate assault is falsified. The petitioner also got simple injury on account of the assault made by the informant.

Patna High Court Cr.Misc. No.45038 of 2017 (4) dt.09-11-2017 2/2 Considering the facts, aforesaid, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Tajpur P.S. Case No. 240 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, Samastipur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √