Muslim Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42660 of 2016 ======================================================

1. Muslim Sah , son of late Ali Mohammad

2. Tanwir Sah, son of Sah Ahmad

3. Badruddin

4. Sah Ahmad

5. Israfil Sah All are sons of late Sah Ali Mohammad

6. Moajjam Sah son of Muslim Sah

7. Rizwan Sah son of Muslim Sah

8. Sanweer Sah son of Ahmad Sah

9. Qaiyum Sah, son of Badruddin Sah

10. Danish Sah son of Qaiyum Sah

11. Jakir Sah son of late Yakub Sah

12. Jalal Sah son of late Ali Mohammad Sah

13. Sarwar Sah alias Sarbor Sah, son of Jalal Sah

14. Shamim Sah son of Badruddin Sah All are resident of village Kochaili P. S. Amour District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Amour P. S. Case No. 85 of 2016, disclosing offences under Sections 147,341,323,324,307,379 of the Indian Penal Code. Learned counsel for the petitioners has submitted that it is evident from the First Information Report that it is the political rivalry, which is the genesis of the occurrence, which has resulted into registration of the First Information Report. He has submitted

that though there is allegation of causing assault with farsa against petitioner No.5 but the injury has been found to be simple in nature. He has also submitted that allegation against other petitioners are general and omnibus.

Considering the above submission, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within four weeks from today in the court below be released 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 learned Additional Chief Judicial Magistrate, Purnea in Amour P. S. Case No. 85 of 2016, subject to the conditions as 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 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) ArunKumar/-c U