Nisar @ Nasar @ Md. Nisar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71634 of 2018 Arising Out of PS. Case No.-464 Year-2018 Thana- FORBESGANJ District- Araria ======================================================
1. Nisar @ Nasar @ Md. Nisar, S/o Late Yunus,
2. Wakar, S/o Late Yunus,
3. Guddu @ Rizwan, S/o Shakur, all resident of Village- Doria Sonapur, P.S. Simraha, DistrictAraria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Naushad Uzzoha, Adv.
For the Opposite Party/s :
Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/379/384/504/506/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Md. Murshid to the Station House Officer, Simraha Police Station to the effect that the informant was returning to his house on 23.05.2018, after selling his cow, when the petitioners demanded extortion on dagger's point and on protest being made, they assaulted the informant and took out Rs. 25,000/- from informant's pocket.
Patna High Court Cr.Misc. No.71634 of 2018(2) dt.19-12-2018 2/3 It is submitted by learned counsel for the petitioners that both the petitioner no.2 and the informant of the present case are engaged in the business of sell and purchase of cattle and prior to lodging of the present case, the petitioner no.1, Nisar @ Nasar @ Md. Nisar had lodged Forbesganj (Simraha) P.S. Case No.457 fo 2018, on 19.06.2018 with accusations under Sections 448/341/323/324/307/406/379/504/506/34 of the I.P.C. against the informant's side and thereafter as a retaliatory measure the present case was lodged on 22.06.2018 for the occurrence of 23.05.2018. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State the petitioners are name din the FIR.
Considering the delayed lodging of the case and the case lodged by the petitioners' side at earlier point of time, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.71634 of 2018(2) dt.19-12-2018 3/3 amount each to the satisfaction of the learned CJM, Araria, in connection with Forbesganj P.S. Case No.464 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T