Md. Juabir @ Md. Jubair Mistry And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43140 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -JANKI NAGAR District- PURNIA ======================================================

1. Md. Juabir @ Md. Jubair (Mistry) S/o Md. Usman Miyan

2. Md. Rabban Son of Md. Muslim Both Resident of Village- Binoka Gram, P.S. Janki Nagar, District Purnea.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

24-10-2016 Heard Sri Bijendra Kumar Singh, learned counsel for petitioners and Sri Jagdhar Prasad, learned Addl. Public Prosecutor.

Two petitioners, who are in custody in Janki Nagar P.S. Case No. 101 of 2016 registered for offence under Sections 341, 342, 323, 504, 506, 307, 406, 420, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, have prayed for grant of bail.

By way of referring to Annexure - 2 to the present petition i.e. copy of F.I.R. of Janki Nagar P.S. Case No. 139 of 2015, which was registered on 27-11-2015 for offence 363, 364, 365, 120(B) of the Indian Peal Code, it was submitted by learned

Patna High Court Cr.Misc. No.43140 of 2016 (3) dt.24-10-2016 2/2 counsel for petitioners that brother of the petitioner had lodged F.I.R. against two sons of the informant of the present case as well as other accused persons regarding kidnapping of his father due to dispute relating to some money transaction. He submits that only with a view to pressurize the petitioner, the present F.I.R. was lodged. He further submits that in this case, though there is allegation that accused persons had fired four round, but from the place of occurrence, nothing was recovered nor anyone has received any injury.

In view of the fact, particularly the fact that there was case and counter case in between the parties and nature of accusation, let both the petitioners namely Md. Juabir @ Md. Jubair (Mistry) and Md. Rabban be enlarged 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, learned Judicial Magistrate 1st Class, Purnea in connection with Janki Nagar P.S. Case No. 101 of 2016.

(Rakesh Kumar, J.) Anay U T