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Patna High CourtCR. MISC./6991/2017bail granted

Md. Faruk And ORS v. The State Of Bihar

2017-03-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6991 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -SARSI District- PURNIA ======================================================

1. Md. Faruk Son of Md. Moeem.

2. Md. Parwez Alam @ Md. Parwez, Son of Md. Moeem.

3. Md. Aslam, Son of Md. Moeem.

4. Md. Moeem. Son of Late Muddi.

5. Ajeema Khatoon, Wife of Md. Moeem.

6. Bilesha Khatoon, D/o Md. Moeem. All of Village Dumaria, P.S. Sarsi, District Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Sarsi P.S. Case No. 71 of 2016 for the offences punishable under sections 147, 148, 149, 341, 323, 324 and 307 of the I.P.C.

On behalf of the petitioners it is submitted that this case has been lodged as counter blast of Sarsi P.S. Case No. 70 of 2016. The informant of this case has lodged this case falsely only to save their skin from Sarsi P.S. Case No. 70 of 2016. The injury found on the person of all the injured of this case are simple

Patna High Court Cr.Misc. No.6991 of 2017 (3) dt.15-03-2017 2/2 caused by the hard and blunt substance. No injury caused by Dabia has been found and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances as stated above, considering that all the injuries are simple caused by hard and blunt substance and further this case is counter blast of Sarsi P.S. Case No. 70 of 2016 and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order 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. Sri Mithilesh Kumar, Judicial Magistrate, Purnia in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T