Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41371 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- BARSOI District- Katihar ====================================================== 1.

MD. RIZWAN Son of Anamul Haq 2.

Md. Abduss Salam Son of Late Tafiluddin Both are Resident of Village - Manohari, P.S.- Barsoi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Mishra For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-07-2019 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Barsoi P.S.Case No. 109 of 2019 registered under Sections 307, 323,341,354B, 379 and 506/34 of the Indian Penal Code. Allegation against the petitioners is that they along with other accused Gulam Sarvar assaulted the informant by iron rod causing injury on the nose of the informant.

Learned counsel for the petitioners submits that there is no specific allegation against these petitioners inasmuch as allegation of assaulting the informant on the nose is upon Gulam Sarvar. Learned counsel further submits that there is case and counter case in between the parties inasmuch as parties are related to each other and side of the petitioners have also lodged FIR for the same occurrence on 03.05.2019 being Barsoi

Patna High Court CR. MISC. No.41371 of 2019(2) dt.04-07-2019 2/2 P.S.Case No. 110 of 2019 and petitioners have no criminal antecedent.

After having heard learned counsel for the parties and taking into consideration the fact that parties are related to each other and there is case and counter case in between the parties and allegation against the petitioners are not specific of causing injury to the informant, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Katihar, in connection with Barsoi P.S.Case No. 109 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T