Samim And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6538 of 2016 Arising Out of P.S. Case No. -49 Year - 2015 Thana - KISHANGANJ District - KISANGANJ =====================================

1. Samim, son of Fajir @ Fajiruddin.

2. Md. Jala, son of Kachalu.

Both residents of Village-Mohiuddinpur Patharbasti, Police Station-Kishanganj, District-Kishanganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dilip Kumar Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Sharma (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kishanganj P.S. Case No.49 of 2015, disclosing offences under Sections 341, 323, 324, 307 and 247/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that it is evident from the contents of the First Information

Patna High Court Cr.Misc. No.6538 of 2016 (2) dt.14-03-2016 2/3 Report that there is a land dispute between the petitioners and the informant, which is the reason behind the occurrence and subsequent lodging of the First Information Report. He has submitted that the case of the prosecution, as narrated in the First Information Report, is exaggerated version of the true occurrence and contends that no offence, under Section 307 of the Indian Penal Code, is made out against the petitioners. The petitioners are said to have no criminal antecedent and it is submitted on their behalf that there is no chance of tampering with the evidence or fleeing away from the course of trial.

Considering the submission, as above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No.49 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners, abovenamed, shall present themselves before

Patna High Court Cr.Misc. No.6538 of 2016 (2) dt.14-03-2016 3/3 the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T