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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18482 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Md. Ahsan Son of Md. Mustaqueem

2. Md. Ansar, son of Md. Mustaqueem, Both Residents of village- Chak Hamid, P.S.- Bakhri, District- Begusarai .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The Petitioners apprehend their arrest in connection with Bakhari P.S. Case No. 19 of 2016 registered for offence punishable under Sections 147,148,149,341,323,452,324,379 and 307 of the Indian Penal Code.

As per allegation the petitioner no.2 has assaulted the daughter of the informant by "Chaila".

It is contended that so far the petitioner no.1 is concerned, there is no specific allegation of any overt act upon him. So far petitioner no.2 is concerned, though it is stated in the first portion of the FIR, he was holding an iron rod, however, surprisingly it is stated that he was assaulted by "Chaila" causing

Patna High Court Cr.Misc. No.18482 of 2016 (2) dt.06-05-2016 2/2 one simple injury and another grievous injury upon the back side of the right palm. It is contended that there is no repetition and the grievous injury is not upon the vital part of the body. Both the petitioners claim having clean antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Md. Ahsan and Md. Ansar be released on bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Bakhari P.S. Case No. 19 of 2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Begusarai subject to the conditions as laid down under sub-section

(2) of Section 438 of the Code of criminal Procedure. (Dr. Ravi Ranjan, J.) ravi/- U T