Md. Javed Ali And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49635 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Md. Javed Ali Son of late Wahidullah@Wadudullah

2. Md. Yusuf Ali

3. Md. Taimur Ali

4. Md. Saiful

5. Md. Jainul @Md. Jaisul

6. Md. Ataur@Md. Atabur Rahman All sons of Md. Javed Ali

7. Md. Shafique Son of Yusuf Ali

8. Md. Mukhtar

9. Md. Mushtaque@Md. Mustafa Both sons of Johak Ali All resident of Village Hajipur P.s Katihar(M) District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,379,504 and 506/34 of the Indian Penal Code. The prosecution case is that the informant along with his brother Md. Alamgir went for asking payment of due amount of rupees one thousand four hundred from petitioner Md. Javed when he was abused. On protest, the accused persons started assaulting the informant and his brother. When the father and uncle of the

Patna High Court Cr.Misc. No.49635 of 2015 (2) dt.06-11-2015 2/2 informant came to pacify the issue, they were also assaulted. The accused persons also snatched eight hundred and twenty rupees from the informant.

It is submitted by the learned counsel for the petitioners that the injury of the informant and his brother has been found to be simple. There is counter version of the occurrence. It is further submitted that the informant retracted from the initial version and has filed a petition to that effect before the learned court below. 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 in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Katihar in connection with Katihar Mufassil P.S. Case No. 94 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T