Md. Mazhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63468 of 2018 Arising Out of PS. Case No.-330 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Md. Mazhar aged 35 years, Son of Late Abdul Wahab @ Late Awab, resident of Village- Purandaha Laxmipur, Ward No. 3, P.S. Simraha, DistrictAraria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was on the way to his house, the accused persons covering their face attacked on him due to which he sustained injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The injury caused by the petitioner is on non-vital

Patna High Court Cr.Misc. No.63468 of 2018(2) dt.11-10-2018 2/2 part of the body. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate. 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 Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 330/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T