Faiyaz And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79232 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Faiyaz son of Farsul Miyan alias Maksud Miyan 2.
Reyaz son of Farsul Miyan alias Maksud Miyan 3.
Raiyaba Khatoon wife of late Mozami Miyan All, Residents of villageSiswa West Amwa, Gadia Tola, P.S. Banjariya, District-East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 This application, for grant of anticipatory bail, arises out of Turkauliya (Banjaria) P.S. Case No. 265 of 2018, disclosing offences under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
Allegation against petitioner nos. 1 and 2 is of assault to the informant by means of danda and farsa and against petitioner no. 3 is of snatching cash of Rs. 2,000/-. Submission of learned counsel for the petitioners is that due to previous enmity between the parties, this false and concocted case has been lodged and in fact no such occurrence as alleged in the F.I.R. has ever taken place. Further submission is that although there is allegation of assault, however, the injury
Patna High Court CR. MISC. No.79232 of 2018(3) dt.05-03-2019 2/2 caused to the informant was found to be simple in nature. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya (Banjaria) P.S. Case No. 265 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T