Md. Hasruddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14620 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Md. Hasruddin S/o late Md. Anwar Resident of Village- Chak Farid, Kankaithi, PS Jagdishpur, District Bhagalpur.

2. Md. Sallauddin@Md. Salauddin S/o Late Md. Anwar Resident of Village- Chak Farid, Kankaithi, PS Jagdishpur, District Bhagalpur.

3. Md. Samuddin@Samsuddin S/o late Md. Anwar Resident of VillageChak Farid, Kankaithi, PS Jagdishpur, District Bhagalpur.

4. Md. Hartalla@Md. Safadar S/o Md. Salauddin Resident of VillageChak Farid, Kankaithi, PS Jagidishpur, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jagdishpur Police Station Case No. 180 of 2015, disclosing offences under Sections 341, 323, 308, 354, 504/34 of the Indian Penal Code.

It is alleged against the petitioners that they caused obstruction in the construction of a house being built by the informant and assaulted him and his daughter. Learned Counsel for the petitioner has submitted that land dispute between the parties is the reason behind the lodging of the First Information Report, which is an exaggerated version of some altercation which

Patna High Court Cr.Misc. No.14620 of 2016 (2) dt.22-04-2016 2/2 might have taken place between the informant and the petitioners. He further submits that the injury report does not support the case of the prosecution.

Considering the submission, as above, this application is allowed.

Let the petitioners, namely, Md. Hasruddin, Md. Sallauddin @ Md. Salauddin, Md. Samuddin @ Samsuddin and Md. Hartalla @ Md. Safadar, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur Police Station Case No. 180 of 2015, subject to the condition 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.) Prabhakar Anand/- U √ T √