Md. Changez And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9958 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -BHARGAWAN District- ARRARIA ======================================================
1. Md. Changez S/o Late Shamsher Ali
2. Md. Manjar S/o Late Shamsher Ali
3. Md. Jainuddi S/o Late Samsul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-04-2015 It is submitted that petitioner no.1 has been arrested, hence application with regard to anticipatory bail of petitioner no.1 has become infructuous.
Rest of the petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 379 and 504/34 of the Indian Penal Code. It is alleged that co-accused Ajad assaulted the informant with the butt of the pistol and also fired causing injury to Bibi Nazra Khatoon and also took Rs. 25,000/- from the informant and when the informant's daughter and brother's wife came to rescue, they were also assaulted.
It is submitted by learned counsel for the petitioners that informant's injury has been found to be simple superficial in
Patna High Court Cr.Misc. No.9958 of 2015 (2) dt.23-04-2015 2/2 nature. A supplementary affidavit has been filed to the effect that there is no injury reports on record with regard to daughter and brother of the informant. Moreover, at earlier point of time, petitioners' side lodged Bhargama P.S. Case No. 60 of 2014 in which the sister of the petitioners received injuries. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner nos. 2 and 3 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Bhargama P.S. Case No. 61 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T