Patna High CourtCR. MISC./64215/2018bail granted

Md. Baharuddin v. The State Of Bihar

2018-10-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64215 of 2018 ======================================================

1. Md. Baharuddin son of Late Md. Pole, resident of Village- Kanharia, P.S. Dagarua, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh, Advocate. For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Dagarua P.S. Case No. 61 of 2016 instituted for the offence under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

Counsel for the petitioner submits that there is case and counter case between the parties. Counter case vide Dagarua P.S. Case No. 65 of 2016 has been filed by the petitioner against the informant in which the injuries have been sustained on the side of the petitioner also. In the instant case the allegation against the petitioner is of assaulting the informant with sword on his head causing bleeding injury.

The injury report has been enclosed as Annexure-3 wherein the Doctor has found two injuries on the person of the informant. Injury No. 1 was found to be simple and injury No. 2

Patna High Court Cr.Misc. No.64215 of 2018 (2) dt.29-10-2018 2/2 was grievous. The Doctor has opined the injury caused by hard and blunt substance.

Petitioner is said to be in custody since 11.07.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Dagarua P.S. Case No. 61 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T