Irshad @ Irsad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37207 of 2017 Arising Out of PS.Case No. -71 Year- 2014 Thana -JOKIHAT District- ARRARIA ======================================================

1. Irshad @ Irsad, Son of Dil Mohammad,

2. Mukhtar, Son of Dil Mohammad, Both are residents of VillageThengapur, Police Station- Jokihat, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioners are apprehending arrest in connection with Jokihat P.S.Case no.71 of 2014, G.R.No.811 of 2014, registered for offences punishable under Sections 341, 324, 307, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault by 'Farsa' on the head of the injured, however, submission of the learned counsel for the petitioner is that no injury was found on the head of the injured rather the same has been found on the palm and moreover the parties have settled the case outside the court. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in

Patna High Court Cr.Misc. No.37207 of 2017 (2) dt.19-08-2017 2/2 the event of arrest or surrender before the court below within a period of four 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 S.D.J.M., Araria in connection with Jokihat P.S.Case no.71 of 2014, G.R.No.811 of 2014, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T