Md. Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56753 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== Md. Akhtar, S/o Ahmad Miya , R/o vill.- Ghormohna , P.O.- Laukaha (Lal Maniya O.P.), District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/341/323/324/307/448/354/379/504 of the I.P.C. The prosecution case as per the written report of Ramasish Yadav submitted to the S.H.O., Laukaha (Lalmania O.P.) Police Station is to the effect that on 27.05.2018, at about 07.00 P.M. the petitioner along with other co-accused came variously armed and started abusing the informant. It is specifically alleged against the petitioner that the petitioner assaulted the brother of the informant, Ravi Yadav with farsa

Patna High Court Cr.Misc. No.56753 of 2018(3) dt.04-01-2019 2/3 causing bleeding injury.

It is submitted by learned counsel for the petitioner that injury caused to the brother of the informant is found to be simple in nature. There is a counter version of occurrence being Laukaha (Lalmania O.P.) P.S. Case No. 137 of 2018 registered by the petitioner against the informant side. It is further submitted that the occurrence is of 27.05.2018, but the injury report was prepared on 26.05.2018. A statement has been made in paragraph no.3 of the petition that the petitioner is indulged in one other case in which he is on bail.

Learned APP after going through the case diary submits that there is specific accusation of assault against the petitioner.

Considering the genesis of the occurrence, accusation levelled in the background of land dispute and injury caused to the informant side is found to be simple superficial in nature, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below with a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like each to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani in connection with Laukaha (Lal

Patna High Court Cr.Misc. No.56753 of 2018(3) dt.04-01-2019 3/3 Maniya O.P.) P.S. Case No.136 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T