Muslim @ Md Muslim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33073 of 2018 Arising Out of PS.Case No. -257 Year- 2017 Thana -BAUSI District- PURNIA ======================================================
1. Muslim @ Md. Muslim
2. Junaid @ Md. Junaid
3. Salauddin @ Md. Salauddin All 1 to 3 are sons of late Abdul Halim
4. Zubair @ Md. Zubair
5. Mustakim Alam @ Mustaquim 4 to 5 are S/o Muslim All Resident of Village- Harerampur, Ward No- 12, P.S.- Baisi, DistrictPurnia. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate. For the informant : Md. Hussain, Advocate. For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Baisi P.S. Case No. 257 of 2017 instituted for the offence under Sections 147, 149, 448, 341, 323, 307, 379 and 504 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioners are related to informant by blood. There is dispute between the parties for homestead land.
The allegation against the petitioners in the written
Patna High Court Cr.Misc. No.33073 of 2018 (3) dt.11-07-2018 2/3 report is that on the date of occurrence, on the issue of constructing Chhajja, they assaulted the informant and his other family members.
Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioner. Case diary has been received.
Learned A.P.P. after looking into the case diary has submitted that the injuries found on the person of the injured to be simple in nature.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Baisi P.S. Case No. 257 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia, subject to the conditions as laid down under Section 438 (2) 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 their absence on two consecutive dates without proper
Patna High Court Cr.Misc. No.33073 of 2018 (3) dt.11-07-2018 3/3 and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- Rohit Kr.
U T