Patna High CourtCR. MISC./62747/2017allowed

Md. Danish And ORS v. The State Of Bihar

2018-02-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62747 of 2017 Arising Out of PS. Case No.-154 Year-2017 Thana- BAKHTIARPUR District- Saharsa ======================================================

1. Md. Danish, S/o Md. Anabul @ Md. Anaul Haque @ Md. Anaul,

2. Md. Mona @ Sarfaraj S/o Md. Anabul @ Md. Anaul Haque Kamaluddin,

3. Md. Anabul @ Md. Anaul Haque, son of Late Kamaluddin, All are R/o Village- Lagma, P.O.- Tariyama, P.S.- Bakhtiarpur, District- Saharasa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Obaidur Rahman, Advocate For the Opposite Party/s :

MD. FAHIMUDDIN, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Bakhtiarpur P.S. Case No. 154 of 2017 for offences under Sections 341, 323, 324, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the informant and the petitioners are co-villagers and there is land dispute. Referring to the FIR, he submits that in the present case in order to make the case non-bailable Section 324 IPC has been added. There is no grievous injury. He also submits that no case under Section 27 of the Arms Act is attracted in the facts of this case. Referring to the statements made in para-3 of the

Patna High Court Cr.Misc. No.62747 of 2017(3) dt.27-02-2018 2/2 application, he submits that the petitioners have no criminal antecedent.

Considering the aforesaid, this court is inclined to grant anticipatory bail to the petitioners. Let the petitioners, above named, in the event of arrest or surrender within one month 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 the Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P. S. Case No. 154 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T