Abdul Mannan @ Abdul Manna And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43359 of 2017 Arising Out of PS.Case No. -310 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Abdul Mannan @ Abdul Manna, Son of Sultan Ali,
2. Abdul Rashid, Son of Abdul Mannan @ Abdul Manna,
3. Shish Mohammad @ Shashi Mohammad, Son of Abdul Mannan @ Abdul Manna,
4. Abdul Bashir @ Bashir, Son of Abdul Mannan @ Abdul Manna,
5. Razbul Haque, Son of Abdul Mannan @ Abdul Manna,
6. Abdul Matin, Son of Abdul Mannan @ Abdul Manna, All are resident of Lahra Fulbari, Police Station- Kishanganj, District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kishanganj P.S. Case No. 310 of 2017 instituted for the offence under Sections-307, 386, 379 & other minor sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. The occurrence has taken place due to land dispute. The present case is counter blast of Kishanganj P.S. Case No. 312 of 2017 which has been filed by son of the petitioner No. 2 against Bahnoi of the informant and others.
In the instant case, it is alleged that all the petitioners assaulted the Bahnoi of the informant and other family members after
Patna High Court Cr.Misc. No.43359 of 2017 (4) dt.09-10-2017 2/2 confining them in the house.
The case diary has been received wherein the doctor has found all the injuries to be simple in nature and injury on the person of Jamil Akhtar was found to be dangerous to life, caused by hard and blunt object.
Considering the facts and circumstances of the case, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kishanganj P.S. Case No. 310 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Kishanganj subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T