Patna High CourtCR. MISC./64146/2018bail granted

Md. Azhar @ Md. Azruddin And ORS v. The State Of Bihar

2018-12-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64146 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- JAIPUR District- Banka ======================================================

1. Md. Azhar @ Md. Azruddin Son of Samsuddin Mian

2. Salauddin @ Md. Salahauddin son of Samsuddin Mian

3. Samsuddin Mian, Son of late Hubali Mian

4. Md. Nazir Mian @ Md. Nazir Main Son of late Hubali Mian

5. Kasim Mian @ Md.Kasim Mian Son of late Hubali Mian

6. Kadir Mian S/o Nazir Mian @ Md. Nazir Mian @ Md. Nazir Main All Resident of Village-Kokaritari, P.S. Jaipur, District Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Jaipur P.S. Case No. 30/2018 registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

All the Sections are bailable except Sections 307 and 379 of the Indian Penal Code. So far Section 379 is concerned the same appears to be superficial.

The informant claims that altogether six persons assaulted him as well as his mother by the means of lathi and

Patna High Court Cr.Misc. No.64146 of 2018(2) dt.12-12-2018 2/2 other weapons, but both the injured appears to have sustained simple injury, which is evident from Annexure 2 series. Moreover, the aforesaid injured sustained only two injuries each.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the aforesaid petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Banka in Jaipur P.S. Case No. 30/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U