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Patna High CourtCR. MISC./39304/2017bail granted

Arif Khan @ Aarif Khan @ Panbabu And ORS v. The State Of Bihar

2017-08-19Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39304 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Arif Khan @ Aarif Khan @ Panbabu aged about 36 years, S/o Md. Imam Bux Khan.

2. Istayak Khan @ M. Ishtiaque Khan, aged about 33 years, S/o Late Jafar Khan.

3. Samsad Malik @ Samsad Alam @ Shamshad Alam, aged about 35 years, S/o Md. Sami Ahmad, All resident of Mohalla- Samanpura, P.S.- Shastri Nagar, Patna, Dist.- Patna, Bihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avanish Kumar Singh, Adv. For the Opposite Party/s : Sri Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend arrest in connection with Shastri Nagar P.S. Case No. 160 of 2017 registered for the offences under sections 341, 323, 504, 506, 467, 468, 471, 420, 385 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the dispute between the parties is purely a civil dispute for taking possession over the land in question. The matter has been settled between the parties and a compromise petition to this effect has also been filed before the Court below. The allegation of assault and causing injury by butt

Patna High Court Cr.Misc. No.39304 of 2017 (2) dt.19-08-2017 2/2 of fire arms, is vague and has been made only to make offence grave. The learned counsel for the informant concedes to the submission and has stated that the matter has been compromised between the parties.

Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Sub Judge-cum-Additional Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S. Case No. 160 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) Mahesh/- U T