Hazi Abdul Karim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58762 of 2017 ======================================================

1. Hazi Abdul Karim, S/o Salimuddin,

2. Md. Jawed @ Md. Jawed Alam, S/o Hazi Abdul Karim,

3. Jahangir, S/o Hazi Abdul Karim, R/o Village- Thapkol Darsana Girda, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Jokihat P.S. Case No.181 of 2017 instituted for the offence under Section(s) 447, 448, 341, 323, 324, 307, 379, 504/34 Indian Penal Code. There is allegation that all the petitioners along with two unknown persons assaulted the son of informant with Dabiya on head and below the eye. They also assaulted wife of son of the informant with Dabiya on her right hand and thereafter assaulted father of the informant by iron rod on his hand and thigh and snatched silver chain and golden ring and also cash from the informant.

Counsel for the petitioner has stated in para 8 of the petition that all the injuries on the person of the injured were found to be simple in nature. It has further been submitted that

Patna High Court Cr.Misc. No.58762 of 2017 (2) dt.12-12-2017 2/2 present case is counter blast of Jokihat P.S. Case No.177 of 2017. Injuries have been sustained by both sides.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Jokihat P.S. Case No.181 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.