Mohammad Mian @ Mahamad Mian @ Md. Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54583 of 2018 Arising Out of PS. Case No.-168 Year-2018 Thana- KHAIRA District- Saran ====================================================== Mohammad Mian @ Mahamad Mian @ Md. Mian S/o Late Ramjan Mian, R/o Vill.- Banni, P.S.- Khaira, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302 and 34 of the Indian Penal Code The prosecution allegation, in short, is that the accused persons variously armed assaulted the husband of the informant due to which he succumbed to the injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegation against the petitioner is that he assaulted the deceased with lathi and danda. From perusal of the post-mortem report, it is evident that there is no injury caused

Patna High Court Cr.Misc. No.54583 of 2018(3) dt.01-11-2018 2/2 due to hard and blunt substance. The medical evidence does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Saran at Chapra in connection with Khaira P.S. Case No. 168 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T