Nabisher @ Kusum @Nabisher Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56131 of 2017 Arising Out of PS.Case No. -62 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Nabisher @ Kusum @ Nabisher Hussain, S/o Nazeer Hussain, R/o Mohalla- Kamra, P.S.- Town, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Advocate. For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Town P.S. Case No. 62 of 2014 instituted for the offence under Sections 147, 341, 323, 324, 379, 325 and 307 of the Indian Penal Code. There is allegation against the petitioner that he assaulted the informant with iron rod.
Learned counsel for the petitioner has submitted that there is no any injury on the person of the informant. This submission gets support from the observation made by the learned Sessions Judge in the impugned order wherein he has stated that in the case diary no injury report is available. It has further been submitted that the occurrence has taken place on account of
Patna High Court Cr.Misc. No.56131 of 2017 (2) dt.29-11-2017 2/2 dispute with some Waqf property and due to this annoyance, the informant is set up by land mafia of the aforesaid Waqf Board. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Town P.S. Case No. 62 of 2014, they shall be released on anticipatory 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 Chief Judicial Magistrate, Muzaffarpur, 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. (Sanjay Priya, J) S.