Patna High CourtCR. MISC./36382/2018bail granted

Md. Chunu @ Md. Chunu Mansoori And ORS v. The State Of Bihar

2018-06-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36382 of 2018 Arising Out of PS. Case No.-225 Year-2017 Thana- LAUKHA District- Madhubani ======================================================

1. Md. Chunu @ Md. Chunu Mansoori, son of Chhathu Mansoori @ Md. Chhathu Mansoori

2. Md. Aizul @ Md. Aizul Masoori @ Md. Aizu, son of Md. Chunu @ Md. Chunu Mansoori

3. Md. Qaiyum Mansoori @ Md. Qaiyum, son of Md. Chunu @ Md. Chunu Mansoori All are resident of Village- Nahari, P.S. Laukaha, District Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

Ms. Nitu Kumari No.7, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP No.169 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Laukaha P.S. Case No. 225 of 2017 (G.R. No. 1470 of 2017) registered for offences under sections 147, 149, 341, 323, 324, 307, 379, 427, 504 of the Indian Penal Code.

There is a case and counter case from both sides. The assault took place between the parties which led to institution of the present for difference sections of the Indian Penal Code.

Patna High Court Cr.Misc. No.36382 of 2018(2) dt.28-06-2018 2/2 Learned counsel for the petitioners points out that the date of incident is 26.9.2017 but, the case has been registered before the police on 4.10.2017 i.e. after a delay of seven days without giving any explanation for such delay. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 learned Additional Chief Judicial Magistrate, IIIrd, Jhanjharpur (Madhubani) in connection with Laukaha P.S. Case No. 225 of 2017 (G.R. No.

1470 of 2017), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.