Patna High CourtCR. MISC./27652/2015bail granted

Md. Mustafa Khan And ORS. v. The State Of Bihar

2015-07-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27652 of 2015 Arising Out of PS.Case No. -221 Year- 2014 Thana -SIRDALA District- NAWADA ======================================================

1. Md. Mustafa Khan

2. Md. Mujtaba Khan Both sons of Late Abdul Subhan Khan

3. Md. Aman son of Md. Mustafa Khan

4. Md. Muztaz son of Wakil Khan, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/341/323/324/307/379/435 and 504 of the Indian Penal Code.

It is alleged that co-accused Md. Murtaza Khan (nonpetitioner) assaulted the brothers of the informant namely, Akhtar Khan and Mustaq Khan on the order of petitioner no.l, namely, Mustafa Khan whereas petitioner no.1assaulted the informant with spade, as a result, he received injuries on the right hand whereas petitioner no.2 and others lit fire to the poultry firm of

Patna High Court Cr.Misc. No.27652 of 2015 (2) dt.23-07-2015 2/2 informant.

It is submitted by learned counsel for the petitioners that the informant has received simple injuries. There is counter version of the occurrence also and for the occurrence of 24.10.2014, the FIR was registered on 29.10.2014. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the FIR, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawadah in connection with Sirdalla (Meskaur0 P.S. Case No.221 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T