Md. Tamanne And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30818 of 2014 Arising Out of PS.Case No. -20 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================

1. Md. Tamanne, Son of Late Md. Ayub, resident of village- Phokraira, P.S.- Nanpur, District- Sitamarhi

2. Sharfe Alam, Son of Md. Qamar Hasan, resident of village- Bath, P.S.- Nanpur, District- Sitamarhi .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rashid Rais, Adv. For the Opposite Party/s : Mr. Ajay Kr. 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Nanpur P.S. Case No. 20 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 280, 504 and 506 of the Indian Penal Code, seek the privilege of prearrest bail. Allegedly, the petitioners and other co-accused being armed with Chhaku,lathi and danda started abusing the son of the informant and they were demanding their shares from their ancestral lands. The petitioners gave knife blow to the son of the informant also and further snatched away one box containing Rs.

Patna High Court Cr.Misc. No.30818 of 2014 (3) dt.22-01-2015 7,000/-.

Submission is that the matter has been compromised and compromise petition has also been filed in the court of District and Sessions Judge, Sitamarhi in anticipatory bail application, but in spite of that the prayer has been rejected, whereas the prayer of other co-accused has been allowed, to which the learned A.P.P. opposes the prayer of pre-arrest bail.

Considering that good sense as prevailed between the parties and as such, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case No. 20 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T