Mohsim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26854 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- TARABARI District- Araria ====================================================== 1.

MOHSIM Son of Md. Mumtaz Resident of Village - Baturbari, Babhanbita Tola, Ward No. 14, P.S.- Tarabari, District Araria 2.

Sarfaraz @ Md. Sarfaraz Son of Md. Nasir Resident of Village - Baturbari, Babhanbita Tola, Ward No. 14, P.S.- Tarabari, District Araria 3.

Md. Shadique Son of Md. Nasir Resident of Village - Baturbari, Babhanbita Tola, Ward No. 14, P.S.- Tarabari, District Araria ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Tarabari P.S. Case No. 73 of 2017 for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners has submitted that there are altogether eight persons, who had been named in the First Information Report and there is specific allegation of assault made against Md. Saddam and Md. Gopli. He has submitted that the informant and the petitioners have same lineage. It has also been argued that the injury has been found to be simple in nature and there is a

Patna High Court CR. MISC. No.26854 of 2019(2) dt.24-04-2019 2/2 counter case registered by the persons named in the First Information Report.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six 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 S.D.J.M., Araria, in Tarabari P.S. Case No. 73 of 2017, 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) Pawan/- U T