Junaid Kureshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12030 of 2018 Arising Out of PS.Case No. -1119 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Junaid Kureshi, son of Dos Muhammad Kureshi, resident of villageSaraiya P.S.- Amjhor, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sasaram (Tilauthu) P.S. Case No.1119 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 379, 504, 506 Indian Penal Code and Section 3, 4 of the Witch Craft Act. Counsel for the petitioner has submitted that prior to filing of this case this petitioner has filed a case against Najrul and others, who had assaulted the petitioner in market, for which Sasaram (Tilauthu) P.S. Case No.1117 of 2017 was registered. In the instant case, there is allegation that this petitioner and other accused persons assaulted the prosecution party with lathi.

Injury report is available in the case diary, which

Patna High Court Cr.Misc. No.12030 of 2018 (3) dt.06-04-2018 2/2 shows that there was only pain and scratch etc. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sasaram (Tilauthu) P.S. Case No.1119 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sasaram, Rohtas, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T