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Patna High CourtCR. MISC./37636/2015bail granted

Md. Amar And ORS v. The State Of Bihar

2015-09-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37636 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -MANSI District- KHAGARIA ======================================================

1. Md. Amar Son of Md. Zafeer

2. Md. Kalam @ Md. Kalam Azad Son of Md. Zfeer

3. Md. Kamruddin @ Digo Son of Md. Zafeer

4. Md. Sabbam Hussain Son of Md. Qasim

5. Md. Saddam Hussain Son of Md. Qasim

6. Md. Sinbaj Hussain Son of Md. Qasim

7. Md. Azhar Alam Son of Md. Kamruddin

8. Md. Kamal @ Md. Kamla Son of Md. Azad

9. Md. Zafeer @ Zafeer Son of Late Md. Seikh Sahid

10. Md. Azad @ Md. Akbar Son of Md. Zafeer

11. Md. Gyas Uddin Son of Late Chhakkan Mian .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 384, 379, 144, 506, 427, 448, 504/34 of the Indian Penal Code. On protest being made for putting bamboos on the land of the informant, the accused persons assaulted informant on his head when sons of the informant came to rescue they were also assaulted by 'khanti' and butt of pistol. It is alleged that co-

Patna High Court Cr.Misc. No.37636 of 2015 (2) dt.17-09-2015 2/2 accused Mansoor Alam snatched gold chain from the son of the informant.

It is submitted by learned counsel for the petitioners that 11 persons are named in the FIR along with 20-25 unknown and the injuries of the informant and his both sons have been found to be bruise, swelling and laceration of marginal size. Though with regard to some of the injuries the opinion has been kept reserved. There is counter version of the occurrence and the accusation has been levelled in the background of land dispute when 144 Cr.P.C. proceeding was initiated.

Considering the aforesaid facts, 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 CJM, Khagaria in connection with Mansi P.S. Case No.120 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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