Patna High CourtCR. MISC./30005/2015bail granted

Md. Sahwaz And ANR v. The State Of Bihar

2015-10-14Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30005 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Sahwaz

2. Matloom @ Matloob Both are Sons of Mainuddin, Resident of Village - Damhaili, P.S. and District - Araria.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Araria P.S.Case No. 125 of 2015 registered under Sections 147, 341, 323, 324, 325, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that admittedly the petitioners and the informant side are agnates and there has been land dispute between the parties. It is further submitted that though there has been a free fight between the parties the same is neither premeditated and the injuries alleged to have inflicted are similar on both sides. It is further submitted that the dispute on the said date arose on account of cutting of Sahjan

Patna High Court Cr.Misc. No.30005 of 2015 (3) dt.14-10-2015 tree and both the parties filed case and counter case. Considering the aforementioned facts and circumstances and that the petitioners and the informant are all agnates and that the petitioners having no criminal antecedent, let the petitioners, above named, in the event of their arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Araria P.S.Case No. 125 of 2015 to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U