Mahtab Anshari @ Chhutu @ Md. Mahtab Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22591 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -KARPI District- JEHANABAD ======================================================

1. Mahtab Anshari @ Chhutu @ Md. Mahtab Alam, S/o Sahaabuddin Ansari,

2. Asamat Ansari @ Md. Samad Ansari S/o Sahabuddin Ansari,

3. Ahmad Ansari S/o Late Khalil Ansari,

4. Asgar Ansari S/o Late Khalil Ansari,

5. Sahbaj Ansari S/o Ahmad Ansari,

6. Sahjad Ansari @ Sahjad S/o Ahmad Ansari,

7. Aasif Ansari S/o Anwar Ansari @ Auwar Ansari, All R/o Vill.- Rampur Chai, P.S.- Karpi (Sahar Telpa O.P.), District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Karpi (Sahar Telpa) P.S.Case no.14 of 2018 , registered for offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Allegation against the petitioners is of assault by lathi to the informant causing injuries.

Submission of the learned counsel for the petitioners is that the injuries are of sharp cutting weapon, which does not support the prosecution case and there is case and counter case between

Patna High Court Cr.Misc. No.22591 of 2018 (3) dt.18-06-2018 2/2 the parties.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the injuries are grievous in nature. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Arwal in connection with Karpi (Sahar Telpa) P.S.Case no.14 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T