Md. Habib And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52669 of 2018 Arising Out of PS.Case No. -159 Year- 2018 Thana -PALASI District- ARRARIA ======================================================

1. Md. Habib, Son of Late Salim

2. Md. Ismail, Son of Md. Habib,

3. Bibi Ammo, Wife of Md. Habib.

4. Bibi Hamida, Wife of Md. Ismail, All resident of Village Paichaile, P.S.- Palasi, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 307, 354B, 379, 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of the land dispute, the petitioners having armed with weapons, abused and assaulted the informant. It is also alleged that accused persons snatched silver chain and Balia.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.52669 of 2018 (2) dt.11-09-2018 petitioners have been falsely implicated in this case due to previous land dispute. The nature of injury is said to be simple in nature. Hence no case u/S 307 of the Indian Penal Code is made out. So far offence u/S 379 of the Indian Penal Code is concerned, the same is superficial in nature.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Palasi P.S. Case No. 159 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T