Sagir Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4821 of 2016 Arising Out of PS.Case No. -152 Year- 2015 Thana -SISWAN District- SIWAN ======================================================

1. Sagir Mian Son of Aseen Mian

2. Salman Mian son of Afzal Mian

3. Ehasan Mian son of Afzal Mian

4. Dular Mian Son of Peer Mohammad Mian

5. Yaseen Mian @ Md. Yaseen Son of Neezamuddin Mian

6. Zahid Hussain @ Zahid Mian son of Khalil Mian All are Residents of Village- Ghurghat, Police Station- Siswan, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners submits that since petitioner nos. 3 and 5, namely, Ehasan Mian and Yaseen Mian @ Md. Yaseen have already been taken into custody, this application for anticipatory bail as against them have become infructuous. This application is, accordingly, dismissed as having become infructuous as against petitioner nos. 3 and 5 only. Rest of the petitioners, i.e. petitioner nos. 1, 2, 4 and 6, namely, Sagir Mian, Salman Mian, Dular Mian and Zahid Hussain @ Zahid Mian are apprehending their arrest in connection with Siwan P.S. Case No. 152 of 2015 registered

Patna High Court Cr.Misc. No.4821 of 2016 (2) dt.18-02-2016 under sections 147, 149, 341, 323, 307, 448, 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the present case is a case between the next door neighbours as there has been some dispute between the parties. There is case and counter case and both the parties have sustained injuries. Considering the general nature of allegation made against the petitioners and that petitioner nos. 2 and 4 have no criminal antecedent and petitioner nos. 1 and 6 have only one criminal antecedent which too has been lodged by the present informant, petitioner nos. 1,2, 4 and 6 above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan P.S. Case No. 152 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Anjana Mishra, J) Amin/- U