Md. Nasim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59258 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Md. Nasim

2. Md. Kasim

3. Md. Hasim All Sons of Md. Idrish Resident of village- Bhagwanpur Ratti, P.S.- Vaishali, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Vaishali P.S.Case No. 246 of 2017 registered under Sections 323, 504, 506, 308, 309, 389, 341, 342 and 34 of the Indian Penal Code.

Regard being had to the inordinate and unexplained delay of five days in recording the fardbeyan and inordinate delay of 17 days in instituting the FIR thereafter, coupled with the submission of the petitioner that a civil suit bearing no. 727 of 2017 and a proceeding under Section 144 of the Code of Criminal Procedure are running between the parties, in the event of arrest or

Patna High Court Cr.Misc. No.59258 of 2017 (2) dt.13-12-2017 2/2 surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief learned Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S.Case No. 246 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T