Md. Fasik @ Fasik And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41080 of 2018 Arising Out of PS.Case No. -403 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Fasik @ Fasik, S/o Late Tasadduk,

2. Md. Maskur @ Maskur, S/o Md. Fasik,

3. Md. Faiyaz @ Faiyaz, S/o Md. Fasik,

4. Mosabbir, S/o Md. Fasik,

5. Md. Wasique @ Wasique, S/o Tasadduk,

6. Moid, S/o Late Firoz, All resident of Village- Rampur Mohanpur Ward No.6, P.S.- Araria, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Araria Police Station Case No. 403 of 2016, disclosing offences under Sections 147, 148, 149, 323, 324, 325, 307 and 506 of the Indian Penal Code.

Allegation against the petitioners is of assault to the father of informant and there is allegation against one Masroor of assaulting by means of farsa.

Learned Counsel for the petitioner has submitted that there is case and counter case between the parties and

Patna High Court Cr.Misc. No.41080 of 2018 (2) dt.17-07-2018 2/3 although it is alleged that petitioners assaulted father of informant, but the injuries caused to him by the assault of the petitioners was found to be simple in nature. further no specific allegation has been attributed to the petitioners. Having heard both sides, in view of the above facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria Police Station Case No. 403 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition that:- I.

One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

II.

The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before

Patna High Court Cr.Misc. No.41080 of 2018 (2) dt.17-07-2018 3/3 the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T