Md. Tanveer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37910 of 2018 Arising Out of PS. Case No.-583 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Tanveer S/o Md. Shamal, R/o Vill.- Taraiya, P.S.- Begusarai Muffasil, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 26.02.2018 in connection with Begusarai Muffasil P.S. Case No. 583 of 2017 for offences punishable under Sections 447, 341, 323, 307, 506/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was giving fodder for his cow, the hen of the petitioner entered and started disturbing his cow for which there was an altercation and all the family members of the petitioner, four in number, including the petitioner, assaulted the informant. Allegation upon the petitioner is of giving a rod blow on the head of the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the

Patna High Court Cr.Misc. No.37910 of 2018(2) dt.05-07-2018 2/2 dispute arose out of a small quarrel for which both sides had a free fight and for which the petitioner's side has also lodged Begusarai Muffasil P.S. Case No. 584 of 2017 for the same occurrence on the same day. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged 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, Begusarai in connection with Begusarai Muffasil P.S. Case No. 583 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T