Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43338 of 2019 Arising Out of PS. Case No.-191 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

MD. ARIF Son of Md. Amir Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

2.

Md. Azim Son of Late Sk. Habib Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

3.

Md. Ali Raza Son of Md. Izhar Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

4.

Md. Iliyas Son of Late Tahir Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

5.

Md. Nihal Son of Md. Nayeem Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

6.

Md. Razaque Son of Md. Maksud Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

7.

MD. Maksud Son of SK. Habib Resident of Village - Hardicol, P.S.- Bhawanipur, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bhawanipur P.S. Case No. 191 of 2018, disclosing offences under Sections 147,148,149,341,323,324,307,379,504 and 506 of the Indian Penal Code.

It is evident from the First Information Report that there was some dispute between the parties in respect of the Panchayat election. It is the case of the petitioners that

Patna High Court CR. MISC. No.43338 of 2019(2) dt.15-07-2019 2/2 before lodging of the present case, a case was lodged against the informant and other persons, giving rise to Bhawanipur P.S. case No. 189 of 2018.

Learned counsel for the petitioners has also submitted that both sides have sustained injuries. The petitioners have no criminal antecedent as stated in paragraph 3 of the application.

Considering the above submission, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned SubDivisional Judicial Magistrate, Purnea in Bhawanipur P.S. Case No. 191 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

arun/- (Chakradhari Sharan Singh, J) U