Mainuddin Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2084 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- BARAULI District- Gopalganj ======================================================

1. Mainuddin Ansari son of Mahbub Alam

2. Hazrat Ali son of Mahbub Alm both R/o village- Balahan, P.S.- Baruali, District- Gopalganj ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners.

The petitioners apprehend their arrest in connection with Barauli P. S. Case No. 223 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 of the Indian Penal Code.

Learned counsel for the petitioners submits that on perusal of the complaint case (Annexure-2) which has been filed by mother of the petitioners it would appear that the informant's side had come to the house of the petitioners fully lashed with arms and ammunition. Learned counsel submits that this complaint was filed on or about 27.09.2018 whereas the present FIR in which these petitioners have been made accused was lodged on 02.10.2018 by way of revenge. Learned counsel further submits that on perusal of impugned order it will appear

Patna High Court Cr.Misc. No.2084 of 2019(2) dt.21-01-2019 2/2 that the co-accused persons have been granted privilege of anticipatory bail and the learned Sessions Judge has not found any repetition of sharp cutting weapon.

No one appears on behalf of the State to oppose this application.

In the given facts and circumstances of the case, considering that there is case and counter case and some observations are there in the order of learned Sessions Judge, Gopalganj which indicates that there is no serious injury, the petitioners above named, in case of their arrest or surrender within four weeks from today, are directed to be released on bail on execution of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Barauli P. S. Case No. 223 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) avin/-vedU T