Md. Faisal @ Md. Faisal Hoda @ Faisal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41209 of 2018 Arising Out of PS.Case No. -60 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================
1. Md. Faisal @ Md. Faisal Hoda @ Faisal, Son of Late Quamrul Hoda.
2. Md. Chand Alam, Son of Late Md. Razeeque,
3. Md. Laddu @ Laddu @ Arsad Ali Jilani, Son of Asgar Ali, All of Resident of Village- Khumrauli, P.S.- Kamtaul, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Shama Sinha, Advocate. For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kamtaul P.S. Case No. 60 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that altercation has taken place due to Panchayat election. The petitioner and other accused persons assaulted the informant and others with lathi, danda, fists, slaps, etc. causing injury to them. It has further been submitted that the instant case is counter blast of Kamtaul P.S. Case No. 61 of 2017.
Patna High Court Cr.Misc. No.41209 of 2018 (2) dt.16-07-2018 2/3 The injury reports of the injured in the instant case have been enclosed as Annexure-2 series which shows that all the injuries were found to be simple in nature. The other co-accused persons with similar allegation have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 5.4.2018 passed in Cr. Misc. 16920 of 2018. 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 Kamtaul P.S. Case No. 60 of 2016, 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 Judicial Magistrate, 1st Class, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(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 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
Patna High Court Cr.Misc. No.41209 of 2018 (2) dt.16-07-2018 3/3 will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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