Sanbar Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18965 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Sanbar Khan S/o Akhatar Khan

2. Amjad Khan S/o Akhatar Khan

3. Akhtar Khan S/o Abul Khan

4. Atijunnisha W/o Akhtar Khan

5. Tanjira @ Tanjira Khanam D/o Akhtar Khan All residents of Village Gokhalapur, P.S. Narpatganj, District- Araria. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State as also learned counsel for the informant.

This application for grant of anticipatory bail arises out of Narpatganj P.S.Case No. 21/2016, disclosing offences under sections 147, 148, 149, 341, 323, 324, 307, 379 of the Indian Penal Code.

From the First Information Report, it appears that the occurrence had taken place in course of measurement being done with respect to a piece of land, for which a title suit is pending between the informant and the present petitioners. It is submitted on behalf of the petitioners that the injuries

Patna High Court Cr.Misc. No.18965 of 2016 (2) dt.09-05-2016 have been found to be simple in nature caused by hard and blunt substance, which falsifies the allegations as made in the F.I.R. Considering the genesis of the occurrence and the submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Narpatganj P.S.Case No. 21/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before 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) Surendra/- U