Haji Abuzar @ Haji Abuzar Alam And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.33088 of 2017 (2) dt.18-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33088 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Haji Abuzar @ Haji Abuzar Alam,

2. Haji Akbar @ Haji Akbar Alam, Both sons of Late Haji Akhtar Hussain @ Akhtar, resident of Village- Mahua Tola, P.S.- Sohsarai, DistrictNalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Imteyaz Ahmad, Adv. For the Informant : Mr. Anil Kumar Sinha, Adv.

For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sohsarai Police Station Case No. 86 of 2017, disclosing offences under Sections 147, 148, 149, 447, 341, 307, 323, 323, 324 and 337 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is land dispute between the parties and on account of that, altercation took place and a case and counter has been lodged by both the parties as both of them have sustained injuries. According to annexure-3, injuries sustained by the informant

Patna High Court Cr.Misc. No.33088 of 2017 (2) dt.18-07-2017 side are simple in nature caused by hard and blunt substance. Moreover, there is no report regarding gun shot injury is available on the record. Hence, the petitioners deserve the privilege of anticipatory bail Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- VII, Nalanda at Biharsharif in connection with Sohsarai Police Station Case No. 86 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T