The Patna High Court, in a criminal miscellaneous application, granted bail to the petitioner, Md. Shabbir, in a case under Sections 148, 302, and other IPC sections, ordering him to furnish a bail bond of Rs. 10,000 with two sureties.
Released on bail by furnishing bonds of Rs.10,000 with two sureties of the like amount each to the C.J.M., Madhepura.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4930 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- KUMAR KHAND District- Madhepura
======================================================
Md. Shabbir S/o Md. Kamruddin Village-Tikulia, PS-Kumarkhand, DistrictMahepura.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Md. Harun Quareshi, Advocate For the State : Mr. Nand Kishore Prasad, APP For the Informant : Mr. Dinesh Pd. Verma, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 29-04-2019
Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
The petitioner seeks bail in a case registered under Sections 148, 149, 341, 323, 354(B), 307, 504, 506/34 and 302 of the Indian Penal Code.
Allegation is that the accused persons armed with deadly weapons came at the door of informant and on order of co-accused Md. Anish, co-accused Md. Kamaruddin and Md. Mustak assaulted with farsa and rod to father of informant, causing serious head injury. Other accused persons including the petitioner assaulted other family members of the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.08.2018 and has got no
Patna High Court CR. MISC. No.4930 of 2019(3) dt.29-04-2019 2/2
criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is no allegation of causing injury upon the petitioner. The main allegation is against co-accused Md. Kamaruddin and Md. Mustak, who have assaulted the deceased. The petitioner and other co-accused are said to have assaulted other persons. Neither any specific allegation has been made nor any specific injury is attributed against the petitioner.
On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Kumar Khand P.S. case No.160 of 2018.
(Sudhir Singh, J)
Narendra/-
2 issues framed by the court
Whether to grant bail to the petitioner in a criminal prosecution.
Whether the petitioner has criminal antecedents or tampered with witnesses.
1 provisions across 1 enactments
Md. Shabbir
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
