Kaishar @ Quasar @ Qaisar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58787 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- Araria District- Araria ======================================================

1. Kaishar @ Quasar @ Qaisar son of Md. Jawed @ Jabed

2. Guddo son of Md. Idrish Both are residents of village Mahishakol, Police Station Araria, District Araria.

3. Ishtiyaq son of Sakoor resident of village Dehti, Police Station Palasi, District Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rama Nand Poddar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2018 Heard Sri Rama Nand Poddar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Araria P.S. Case No. 159 of 2018 registered for offence under Sections 149, 341, 323, 324, 448, 380, 354, 504, 506/34 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners submits that there was case and counter case in between the parties, since there was land dispute. From the petitioners side, on the same date, an F.I.R., vide Araria P.S. Case No. 160 of 2018 was registered for offence under Sections 143, 341, 323, 324, 354(B), 379, 504,

Patna High Court Cr.Misc. No.58787 of 2018(2) dt.20-09-2018 2/2 506/34 of the Indian Penal Code. In the said case, petitioner no. 1 is the informant and informant of the present case namely Md. Tayab is accused no. 1.

Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, considering the nature of accusation as well as the fact that there is case and counter case in between the parties, in the event of arrest or surrender within a period of six weeks from today, let aforesaid three petitioners namely 1. Kaishar @ Quasar @ Qaisar, 2. Guddoo and 3. Ishtiyaq be enlarged 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 learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 159 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T