Hafij Md. Abbas @ Md. Abbas And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19112 of 2016 Arising Out of PS.Case No. -391 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Hafij Md. Abbas @ Md. Abbas
2. Md. Yakub, both sons of Late Md. Gulam Rasoo.
3. Md. Asam @ Asam
4. Md. Razwan, both sons of Hafij Md. Abbas
5. Md. Sanni @ Sanni, son of Md. Yakub
6. Md. Kalim @ Dholi, Son of Muslim
7. Md. Ekram @ Chulhawa, son of Late Idrish
8. Aihsan, Son of Md. Mustaque, all residents of village Choura Parwaha Mian Hat, P. S. Forbesganj, District-Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Forbesganj P.S. case No. 391 of 2015, disclosing offences under Sections 147, 148, 149, 447,448, 341,342, 323, 324, 325, 307, 380, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners submits that the allegation of causing assault by sword on the son of the informant is falsified by injury report. The injuries have been found to have been caused by hard and blunt substance. He has further
submitted that it is because of some pending dispute that the cases and counter cases have been filed by both the parties. Considering the submissions advanced on behalf of the petitioners and the nature of allegation in the First Information Report, this application is allowed. Let the petitioners abovenamed in the event of their arrest/surrender within four weeks from today in the Court below, 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 learned Chief Judicial Magistrate, Araria in Forbesganj P. S. Case No. 391/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
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) ArunKumar/- U