Patna High CourtCR. MISC./60264/2018bail granted

Md. Talib Hussain @ Abu Talib And ORS v. The State Of Bihar

2018-10-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60264 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -PALASI District- ARRARIA ======================================================

1. Md. Talib Hussain @ Abu Talib, S/o Late Said Ali,

2. Md. Abu Hussain @ Abu Sama, S/o Late Said Ali.

3. Md. Jhatu Ali @ Md. Mustafa, s/o Md. Mahboob Alam, All residents of Village- Bhattabari, P.S. Palasi, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhijeet Gautam For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

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

The prosecution case, in brief, is that while the informant Shakuntala Devi was doing irrigation work, the accused persons came there and started abusing. One of the accused gave farsa blow on her head, due to which, he sustained injury. 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. There is

Patna High Court Cr.Misc. No.60264 of 2018 (3) dt.26-10-2018 case and counter case between the parties. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. There is land dispute between the parties. 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-IIIrd, Araria in connection with Palasi P.S. Case No. 191 of 2017, 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