Taimush And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33803 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Taimush Son of Late- Tahir

2. Kazi Jahangir Son of Late- Kambu

3. Kazi Jahid Son of Kazi Motiur Rahman, all resident of village- Mandel, P.S.- Baisi, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kr. Anand, Advocate For the State : Mr. Pranav Kumar, APP For the informant Mr. Md. Helal Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 This application is for grant of anticipatory bail in connection with Baisi P.S. Case No. 88 of 2017 registered for the offence(s) under section(s) 341, 323, 387 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is that they have assaulted the informant and others in the varamda of the Court and they also threatened him.

Submission of the learned counsel for the petitioners is that the allegation of assaulting and threatening is general in nature and serious is there, during the proceeding of the Court of Sub-Divisional Magistrate, some occurrence took place and due to which, the present case has been lodged against the petitioners. It has further been submitted that they have executed a bond under section 116 of the

Patna High Court Cr.Misc. No.33803 of 2017 (2) dt.20-07-2017 2/2 Code, as directed by the Sub-Divisional Magistrate. Learned counsel for the informant has submitted that uptil now they have not executed a bond as directed by the Court and the petitioners are in habit of committing such type of offence. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, this application is allowed. Let the petitioners surrender before the Court below within a period of four weeks and the Court below will verify the fact as to whether they have submitted a bond, as directed by the SubDivisional Magistrate and once he satisfies about the submission of the bond before the Court, the Court below may release the petitioners on their furnishing bail bond of Rs. 25,000/-(Rs.

Twenty five thousand) each with two sureties of the like amount each to its own satisfaction in connection with Baisi P.S. Case No. 88 of 2017 or he may pass any other appropriate order or order(s) as he deems fit and proper. Accordingly, this application is disposed of.