Md. Yasin @ Ehsil And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35579 of 2015 Arising Out of PS.Case No. -242 Year- 2015 Thana -PURNEA SADAR District- PURNIA ======================================================
1. Md. Yasin @ Ehsil son of Abdul Dulal
2. Md. Manir Son of Md. Ehsil @ Yasin
3. Md. Jamil @ Md. Jakir Son of Ehsil @ Yasin All are resident of village- Laua Majholi, P.S.- Sadar Mufassil, District- Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Bisheshwar Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 307/34 of the Indian Penal Code. It is alleged that the accused persons cut soil from the land of the informant and were taking the tractor from the Chilly filed of the informant when protest was made the accused persons assaulted the informant by the butt of the country made pistol and when the brother of the came to rescue he was assaulted by lathi and iron rod.
It is submitted by learned counsel for the petitioners that neither the informant nor the brother of the
Patna High Court Cr.Misc. No.35579 of 2015 (2) dt.20-08-2015 2/2 informant received any substantial injury and there is a counter version of the occurrence.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail provisionally for two months in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Purnea Sadar Muffasil P.S. Case No. 242 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioners will be confirmed by the learned court below, if it is found that the informant or his brother has not received any grievous injury otherwise the petitioners will surrender and pray for regular bail. (Dinesh Kumar Singh, J) DKS/- U T