Abunasar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54824 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.
ABUNASAR Son of Late Safil @ Mokias @ Md. Mokadas Resident of Village - Dhama, Ward No.20, P.S.- Raniganj (R.S.), Dist.- Araria. 2.
Mokdas @ Mokias Son of Abunasar Resident of Village - Dhama, Ward No.20, P.S.- Raniganj (R.S.), Dist.- Araria.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anamul Haque For the Opposite Party/s :
Mr. R.B. Roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Raniganj (R.S.) P.S. Case No. 66 of 2019 for the offence punishable under Sections 341, 323, 324, 379, 506 and 505/34 of the Indian Penal Code.
It is alleged in the First Information Report that the informant's grandson was raising a hut over the land belonging to him when the persons named in the First Information Report objected to it and assaulted the informant, his grandson and other family members of the informant.
Learned counsel appearing on behalf of the petitioners has submitted that for the same occurrence said to have taken place on 01.02.2019, an First Information Report
Patna High Court CR. MISC. No.54824 of 2019(2) dt.03-09-2019 2/2 was registered by brother of the petitioner No.1 as Raniganj (R.S. O.P.) P.S. Case No.54 of 2019 on 05.02.2019. He contends that the present First Information Report, which is apparently a counter blast to the earlier First Information Report has been registered on 13.02.2019.
Considering the nature of dispute between the parties giving rise to filing of the case and counter case, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria, in Raniganj (R.S.) P.S. Case No. 66 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T