Md. Niyaz @ Niyaz And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21443 of 2017 Arising out of PS.Case No. -781 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Niyaz @ Niyaz S/o late Taslim @ Tasso

2. Md. Amir @ Amir S/o late Taslim @ Tasso

3. Md. Jamaluddin @ Jamaluddin S/o Ahmad Hussain All Resident of Village- Azam Nagar, Kusiargaon, P.S. Araria, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-05-2017 Heard learned counsel Shri Md. Naushad Uzzoha for the petitioners and learned counsel Sri Sanjay Kumar for the State. The petitioners seek bail in Araria P.S. Case No. 781 of 2016 under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 427, 504 and 506 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are involved in Araria P.S. Case No. 601 of 2016 under Section 341, 323, 504/34 of the Indian Penal Code but they have been enlarged on bail in the said case. He further submits that Annexure-4 to the bail application would show that the accused Md. Niyaz and Md. Amir are full brothers of the informant and they have now settled their dispute. He also submits that the injury report as contained in Annexure-3 would show that the injury was simple in nature. The petitioners are in

Patna High Court Cr.Misc. No.21443 of 2017 (3) dt.22-05-2017 custody since 23.3.2017.

Learned counsel for the State submits that there are allegations of assault against the petitioners. Considering the fact that the accused and the informant are related to each other and they have compromised their dispute as also that the injury is simple in nature, I am inclined to grant bail to the petitioners, namely, (1) Md. Niyaz @ Niyaz; (2) Md. Amir @ Amir; and (3) Md. Jamaluddin @ Jamaluddin on furnishing bail bond of Rs 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 781 of 2016, subject to the condition that with the statement made by the learned counsel for the petitioners that the petitioner nos. 1 and 2 have been enlarged on bail in the abovementioned case (Araria P.S. Case No. 601 of 2016), be satisfied by the learned Court below with the appropriate material on records.

(Rajeev Ranjan Prasad, J) S.Sb/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.05.2017 Transmission Date 22.05.2017