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Patna High CourtCR. MISC./23593/2017disposed

Md. Samar @ Sammar Raja And ORS v. The State Of Bihar

2017-07-20Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23593 of 2017 Arising Out of PS.Case No. -180 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Md. Samar @ Sammar Raja Son of Md. Nehal @ Nehal Hussain

2. Md. Jain @ Jain Raja Son of Md. Ahmad

3. Md. Nehal @ Nehal Hussain Son of Late Md. Ali Raja

4. Md. Gulab Son of Late Md. Bablu All R/o Village Rajabari, P.S. K. Hat (Sahayak), District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

It has been alleged that son of the informant has purchased a motorcycle and he was pressurizing the owner to transfer the same in his name. Thereafter four persons caught the informant's son and assaulted him. There is specific allegation against petitioner no.1, Md. Samar alias Sammar Raja, that he has assaulted the son of the informant on his head by iron rod. Other petitioners have assaulted him with

Patna High Court Cr.Misc. No.23593 of 2017 (3) dt.20-07-2017 fists and slaps.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner nos. 2, 3 and 4,, namely, Md. Jain alias Jain Raja, Md. Nehal alias Nehal Hussain and Md. Gulab, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No.180 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far petitioner no.1, namely, Md. Samar alias Sammar Raja is concerned, looking to the injury report this Court is not inclined to enlarge him on anticipatory bail. Accordingly his prayer for bail is rejected. Vinay/- (Shivaji Pandey, J) U T