Ashraf Mian @ Asharaf Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31224 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- LAURIA District- West Champaran ====================================================== 1.

ASHRAF MIAN @ ASHARAF ALI Son of Gultan Mian Resident of Village - Khaptola Baruk, P.s.- Lauriya, Dist.- West Champaran at Bettiah. 2.

Amjad Mian Son of Talim Mian Resident of Village - Khaptola Baruk, P.s.- Lauriya, Dist.- West Champaran at Bettiah.

3.

Mustafa Mian @ Mustufa Mian Son of Talim Mian Resident of Village - Khaptola Baruk, P.s.- Lauriya, Dist.- West Champaran at Bettiah. 4.

Gultan Mian Son of Sudin Mian Resident of Village - Khaptola Baruk, P.s.- Lauriya, Dist.- West Champaran at Bettiah.

5.

Munni Khatoon W/o Gultan Mian Resident of Village - Khaptola Baruk, P.s.- Lauriya, Dist.- West Champaran at Bettiah. 6.

Subi Khatoon W/o Maroof Mian Resident of Village - Khaptola Baruk, P.s.- Lauriya, Dist.- West Champaran at Bettiah.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Lauriya P.S. Case No. 140 of 2018 for the offence punishable under Sections 341, 323, 324, 308, 385, 447 and 504/34 of the Indian Penal Code.

The petitioners and the family members are agnates. It is evident from the First Information Report that the occurrence had taken place out of certain land dispute. The injuries have been found to be simple in nature as asserted by

Patna High Court CR. MISC. No.31224 of 2019(2) dt.10-05-2019 2/2 learned counsel appearing on behalf of the petitioners. There is counter case also for the same occurrence, according to petitioners' counsel.

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 A.C.J.M.-I, Bettiah, West Champaran, in Lauriya P.S. Case No. 140 of 2018, 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