The Patna High Court allowed the petitioner's prayer for anticipatory bail in an FIR involving offences under Sections 341, 323, 325, and 307 of theIPC, subject to specific conditions regarding bond surrender and conduct.
Prayer for anticipatory bail allowed upon surrender of bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.59719 of 2017
Arising Out of PS.Case No. -117 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Akhtar Mian, S/o Gaggar Miya, R/o Village- Machhaha, P.S.- Muffasil, Distt. - East Champaran.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 01-02-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Muffasil P.S. Case No. 117 of 2017 instituted for the offence under Sections 341, 323, 325 and 307 of the Indian Penal Code.
In the written report it is alleged that petitioner intentionally started “Thrasher” when brother of the informant was putting Masoor crops in it causing serious injury in his hand. But there is no any injury report in the case diary.
Learned counsel for the petitioner has submitted that the case has been filed only because of hot exchange of words having taken place between petitioner and brother of the informant while he was thrashing the Masoor crops.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.59719 of 2017 (3) dt.01-02-2018
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prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 117 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 learned Chief Judicial Magistrate, Motihari, East Champaran, 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 their 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)
S.Ali/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the present case.
1 provisions across 1 enactments
Akhtar Mian
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
