Abdur Rauf And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.46459 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46459 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Abdur Rauf son of Hetaz

2. Md. Tabrej @ Tabrez son of Late Zahoor Both residents of village - Damhailee, Police Station - Araria, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Araria P.S.Case no.01 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is of assault by Farsa to Md. Wahid and Md. Qaiyum respectively, causing injuries.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and further allegations are against the petitioner and several other persons of assault by Farsa. So far injury caused to Md. Wahid is concerned, the same is simple and so far injury to Qaiyum is concerned, opinion about the same has been kept reserved but all the injuries are lacerated caused by hard and blunt substance, as

Patna High Court Cr.Misc. No.46459 of 2017 (3) dt.17-10-2017 such it does not support the prosecution case. Further submission is that they are in custody for more than four months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Araria P.S.Case No.01 of 2017.

With following conditions :

(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidences.

(iii) The petitioners shall co-operate in disposal of trial and make themselves available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, their bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T