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Patna High CourtCR. MISC./26898/2016bail granted

Azmat Hussain And ORS v. The State Of Bihar

2016-09-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26898 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Azmat Hussain Son of Late Isu Mian

2. Munna Mian @ Kadme Rasul Son of Sakur Mian

3. Sonu Mian @ Shamshad Alam Son of Sagir Mian All are resident of village- Fursatpur, Police Station- Derni, District- Saran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sunil Prasad Singh, Advocate.

For the Opposite Party : Mr. Manish Kumar 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both sides.

The petitioners apprehend their arrest in Derni P.S. Case No. 26 of 2016 registered for the offences punishable under Section 295(A) and other Sections of the Indian Penal Code. The informant Rajeshwar Sah alleged that while he was bringing Gangajal with others and reached near Phursatpur mosque, the petitioners and others abused the informant and other persons and pelted stones.

It is submitted that there is counter version being Derni P.S. Case No. 27 of 2016 and on the same day the police also registered Derni P.S. Case No. 25 of 2016 in which the petitioners have already been enlarged on anticipatory bail vide order passed

Patna High Court Cr.Misc. No.26898 of 2016 (4) dt.08-09-2016 2/2 in Cr. Misc. No. 27441 of 2016. Both the sides have settled their disputes and they are living peacefully.

Considering the facts aforesaid and the fact that on same and similar allegation the police also lodged the case against both the communities, even the petitioners have been granted bail and the matter between both the communities have settled, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate VII, Saran at Chapra in Derni P.S. Case No. 26 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T