Patna High CourtCR. MISC./42298/2015bail granted

Md. Hashibul Haque And ANR v. The State Of Bihar

2015-11-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42298 of 2015 Arising Out of PS.Case No. -4 Year- 2014 Thana -SC/ST PS District- DARBHANGA ======================================================

1. Md. Hashibul Haque, son of Late Bajul Haque

2. Md. Firoz, son of Late Md. Islam, Both residents of Village- Arai, P.S. Simari, District Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 379, 504 and other allied sections of the Indian Penal Code and section 3(i)(x) of the S.C./S.T. (Prevention of Atrocities) Act. The informant named six persons including the two petitioners and alleged that while he was cutting trees from the land of Mahtab Alam and Mahfooz Alam, Md. Shamsuzzoha and others including the petitioners came, abused the informant and his brother by naming his caste and assaulted him with fists and slaps.

It is submitted that on account of land dispute the

Patna High Court Cr.Misc. No.42298 of 2015 (3) dt.23-11-2015 case has been lodged. There is counter version of the occurrence. Similarly situated co-accused Md. Shamsuzzoha @ Tara, Md. Sabir @ Sabir Hussain, Md. Akbar and Md. Kaushar have already been granted anticipatory bail vide order dated 04.08.2015 passed in Criminal Misc. No. 30188 of 2015. The case of the petitioners stands on the same footing.

Considering the facts aforesaid, the petitioners above named, in the event or arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga SC/ST P.S. Case No. 04 of 2014 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Amin/- U