Md. Ehsan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38466 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -BAUNSI District- ARRARIA ======================================================

1. Md. Ehsan, S/o Md. Ekramuddin,

2. Md. Kamran, S/o Md. Ekramuddin, Both are resident of Village- Bousi, Ward No.13, P.S.- Bousi, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned A.P.P.

The petitioners seek anticipatory bail in connection with Bousi P. S.Case No.71 of 2017, registered for offences punishable under Sections 147, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and other family members with lathi, bhala and spade, causing injuries on the protest of the accused persons, who tried to take possession forcefully over the land of the informant. Submission of the learned counsel for the petitioners is that this is a counter blast of Bousi P.S.Case No. 70 of 2017

Patna High Court Cr.Misc. No.38466 of 2018 (2) dt.03-07-2018 2/2 lodged by the father of the petitioners against the informant. It is also submitted that final form has been submitted against them but the learned Magistrate has taken cognizance and the petitioners have clean antecedent.

Learned A.P.P opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) each with two sureties of the like amount each in connection with Bousi P.S.Case No. 71 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the conditions laid down under Section 438 (

2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T