Chhanguli And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45108 of 2018 Arising Out of PS.Case No. -320 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Chhanguli, S/o Mangal Ansari,

2. Mangal Ansari S/o Ali Hasan, Both Petitioners are R/o Mohalla- Narga Bazar, P.S.- Nath Nagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saket Tiwary, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Nath Nagar P.S.Case No. 320 of 2018, registered for offences punishable under Sections 341, 323, 325, 307, 354 (B), 379, 504 and 506/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioner No. 1 is of assault by rod to the hand of the informant, causing fracture of the hand and petitioner No. 2 also assaulted with an iron rod on the head of the brother of the informant, Gufran Ansari, causing head injury.

Submission of the learned counsel for the petitioners is that there is a case and counter case between the parties. So far

Patna High Court Cr.Misc. No.45108 of 2018 (2) dt.01-08-2018 2/2 injury on the informant is concerned, i.e. not on the vital part of the body and witnesses in para 7 and 8 of the case diary have not supported the allegation against the petitioners and the investigation is going on.

Learned A.P.P. as well as learned counsel appearing on behalf of the informant opposes the prayer for bail on the ground that the petitioners assaulted by means of iron rod and danda to the injured, Gufran Ansari and informant Bibi Noor Jahan. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders 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 Additional Chief Judicial Magistrate, Bhagalpur in connection with Narth Nagar P.S. Case No. 320 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T