Patna High CourtCR. MISC./7663/2016bail granted

Nehal Akhtar And ANR v. The State Of Bihar

2016-03-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7663 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Nehal Akhtar, S/o Late Mazaharul Haque

2. Afroz Akhtar, S/o Late Ziyaul Haque Both are residents of VillageKutub Chapra, P.S.- Hussainganj, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sushil Kumar Jha For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Hussainganj P.S.Case No. 298/2015, disclosing offences under sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code. The informant and petitioner no.1 are full brothers. It is evident from the First Information Report that the occurrence had taken place for the property dispute between the families of the informant and that of petitioner no.1. The petitioners have no criminal antecedent. It is submitted on behalf of the petitioners that there is no likelihood of them tampering with the evidence or fleeing from the course of justice.

Patna High Court Cr.Misc. No.7663 of 2016 (2) dt.28-03-2016 Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, 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 the Chief Judicial Magistrate, Siwan in Hussainganj P.S.Case No. 298/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U