Md.Ashfaque And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67543 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- MORKAHI District- Khagaria ======================================================

1. Md. Ashfaque S/o Md. Hakim,

2. Md. Akbar, S/o Md. Hakim,

3. Md. Asgar, S/o Md. Hakim,

4. Md. Hakim, S/o Jahir,

5. Md. Aslam, S/o Md. Natho, All are resident of Village- Sabalpur, P.S.- Morkahi, Dist- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Indrajit Kumar, Advocate For the State :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 447, 341, 323, 307, 354(B), 504, 506, 379, 147, 149 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and his wife by means of lathi, danda, fat and fist, due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.67543 of 2018(3) dt.21-01-2019 2/2 present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are tribale by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Morkahi P.S. case No.63 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T