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Patna High CourtCR. MISC./46276/2019bail granted

Haroon Mian v. The State Of Bihar

2019-11-21Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46276 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Haroon Mian, S/o Late Safi Mian, Resident of Village- Meghwal Mathiya, P.S.- Ram Nagar, District- West Champaran.

2.

Firoz Ansari, S/o Haroon Mian, Resident of Village- Meghwal Mathiya, P.S.- Ram Nagar, District- West Champaran.

3.

Hedaitullah Ansari, S/o Haroon Mian, Resident of Village- Meghwal Mathiya, P.S.- Ram Nagar, District- West Champaran. 4.

Hemayatullah Ansari, S/o Haroon Mian, Resident of Village- Meghwal Mathiya, P.S.- Ram Nagar, District- West Champaran. 5.

Anaytullah Ansari, S/o Haroon Mian, Resident of Village- Meghwal Mathiya, P.S.- Ram Nagar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This is an application for grant of anticipatory bail in connection with Ramnagar P. S. Case No. 90 of 2019, disclosing offences under Sections 147, 341, 323, 307 and 504 of IPC. As per F.I.R. there was dispute between the parties, due to keeping of bricks in front of the house of informant. It is alleged that petitioners have assaulted by bricks to the informant, causing injury to him.

Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.46276 of 2019(6) dt.21-11-2019 2/3 is that there is case and counter case between the parties with respect to some altercation and the injury is found to be simple in nature.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for anticipatory bail on the ground that he has moved before the court below for the constitution of the medical board, as he was not satisfied with the injury report given by the doctor. They have criminal antecedent also and they are threatening the informant also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned S.D.J.M. Bagaha, District West Champaran, in connection with Ramnagar P. S. Case No. 90 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to co-operate in the investigation and appear before the police as and when required and they will not try to tamper with the evidence or

Patna High Court CR. MISC. No.46276 of 2019(6) dt.21-11-2019 3/3 threaten the informant or his family members. (Vinod Kumar Sinha, J) Sunil Shukla/- U T