Patna High CourtCR. MISC./48829/2017bail granted

Md. Izhar And ORS v. State Of Bihar And ANR

2017-11-17Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48829 of 2017 Arising Out of PS.Case No. -945 Year- 2016 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Md. Izhar

2. Md. Azam

3. Md. Inteshar

4. Md. Nazim @ Nezam

5. Md. Shahrukh @ Sharuk

6. Md. Nisar @ Nisar

7. Md. Iftekhar @ Iftekhar Petitioner Nos. 1 to 7 sons of Md. Sharif.

8. Md. Salman @ Sulman, son of Md. Iftekhar @ Iftekhar. All Resident of village- Kurudih, Police Station- Goradih, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Jahan Ara, wife of Md. Karim, Resident of village- Kurudih, Police Station- Goradih, District- Bhagalpur.

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Akhileshwar Dayal ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 945 of 2016, disclosing

Patna High Court Cr.Misc. No.48829 of 2017 (2) dt.17-11-2017 2/3 offences under Sections 323, 354, 379 and 504/34 of the Indian Penal Code.

It is evident from the First Information Report that the occurrence is because of some land dispute. The petitioners are nephews of the complainant. Learned counsel for the petitioners has submitted that no tangible purpose will be served if the petitioners are taken into custody, since they are ready to present themselves before the Court, as and when required.

Considering the submission, as above, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhagalpur, in connection with Complaint Case No. 945 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required

Patna High Court Cr.Misc. No.48829 of 2017 (2) dt.17-11-2017 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T