Md. Nazrul And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48159 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Nazrul, Son of Md. Zahrul,

2. Md. Tasulmuddin @ Md. Taslim @ Md. Taslimuddin, Son of Md. Zahrul,

3. Md. Tahir, Son of Md. Zahrul, All are resident of Village- Sultanpur, P.S.- Barsoi, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md.Musowir, Adv. For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 The petitioners are apprehending their arrest in connection with Barsoi P.S. Case No. 219 of 2017, registered for offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner no. 1 that he assaulted the son of informant, namely, Rashidul by knife and petitioner nos. 2 and 3 assaulted another son of informant, namely, Samsul by means of Iron rod, causing grievous injury to him. It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and there is case and counter case between the parties and now both sides have compromised the matter also.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48159 of 2018 (2) dt.23-08-2018 2/2 Having heard both sides, considering the facts and circumstance of the case so far petitioner nos. 2 and 3 are concerned, I am not inclined go grant the privilege of anticipatory bail rather they should surrender and pray for regular bail and if any such application is filed, the court below after considering the submission of these petitioners that both sides have compromised the matter and further there is case and counter case, shall disposed of the prayer for bail of these petitioners, if possible, on same day.

So far petitioner no. 1 is concerned, in view of the above, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, he is directed to be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. Case No. 219 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

With the above observation and direction this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T