Md. Nasim And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.45305 of 2017 (2) dt.19-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45305 of 2017 Arising Out of PS.Case No. -439 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Nasim, Son of Late Alauddin,
2. Md. Fakruddin, Son of Atabul.
3. Md. Md. Salam @ Md. Salam, Son of Md. Fakhruddin,
4. Md. Yasin @ Yasin, Son of Late Alauddin.
5. Md. Munna, Son of Md. Yasin.
6. Shabana Khatoon, daughter of Makruddin.
7. Md. Chuna, Son of Md. Yasin.
8. Md. Serfaraz @ Chhotu, Son of Md. Fakhruddin, All are resident of Village- Rampur South Ward no. 9, P.S.- Forbesganj, Dist.- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Forbesganj Police Station Case No. 439 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 and 427of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the injury sustained to the informant is simple and superficial in nature, which is
Patna High Court Cr.Misc. No.45305 of 2017 (2) dt.19-09-2017 evident from annexure-3 and moreover, the parties have settled their dispute by way of compromise, which is evident from annexure-4 itself. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Araria, in connection with Forbesganj Police Station Case No. 439 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T