Md. Jasim And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76870 of 2018 Arising Out of PS. Case No.-348 Year-2017 Thana- BALIYA District- Begusarai ======================================================

1. Md. Jasim, Son of-Late Md. Amin,

2. Md. Mokhtar, Son of Md. Jasim. Resident of Village-Lakhmania, P.S.-Balia, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2019 Heard the learned counsel for the parties.

This application for anticipatory bail arises out of Balia P.S. Case No.348 of 2017, disclosing offences under Sections 447,341,323,504,379,308 and 34 of the Indian Penal Code.

There is allegation of assault on the informant made against petitioner No.1 with a sword.

Learned counsel appearing on behalf of the petitioners has submitted that the injury has been found to have been caused by hard and blunt substance which belies the allegation made in the First Information Report. He also submits that the First Information Report came to be registered

Patna High Court Cr.Misc. No.76870 of 2018(2) dt.11-01-2019 2/2 more than ten days after lodging of the F.I.R which also casts a serious doubt on the veracity of the case of the prosecution. Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Begusarai in Balia P.S. Case No.348 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U