Akbar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.39878 of 2017 (4) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39878 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Akbar, Son of Taslim,

2. Mushfique, Son of Nasim,

3. Jasim, Son of late Hasim,

4. Karim, Son of late Hasim,

5. Nasim, Son of late Abbas,

6. Md. Taslim @ Taslim, Son of late Abdas,

7. Md. Anjar @ Anzar, Son of late Mohsin,

8. Arshad Alam @ Arshad, Son of late Mohsin,

9. Margoob Alam @ Margoob, Son of late Mohsin All are Resident of Village-Ramganj, Tola Parmanpur, P.S.-Jokihat, Dist.-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jokihat Police Station Case No. 149 of 2016, disclosing offences under Sections 448, 341, 323, 324, 354(B), 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the parties happen to be next door neighbourer and a land

Patna High Court Cr.Misc. No.39878 of 2017 (4) dt.17-10-2017 dispute is prevailing between them and on account of that scuffle took place wherein informant sides are said to have been aggressor and case and counter have been lodged by both of them. No injury report is available on record to support the prosecution version. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate-II, Araria, in connection with Jokihat Police Station Case No. 149 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T